Case held in National Green Tribunal Court

A PIL was filed by an NGO “Him Jagriti Uttaranchal Welfare Society” on which the court directed the National Green Tribunal (NGT), Principle Bench, New Delhi to study impact of plastics on the environment and human health. There were prayers in the petition which namely focused on the responsibilities of the end users in controlling the solid waste management and putting the onus of collection and recycling of waste of the products on the seller.

The NGT called forward five respondents in the case: (a) Union of India (MoEF), (b) Central Pollution Control Board, (c) Directorate General of Health Services, (d) Food, Safety and Standards Authority of India, (e) The All India Plastics Manufacturers’ Association of India (AIPMA). During the hearing Tetra Pak Association impleaded their stand on the ban on use of Plastics.

The prayers in the petition stated the following:-

1. To restrict the use of plastic bottle and multi layered plastic package by imposing a ban on packaging of carbonated soft drink and liquor immediately and to gradually phase out the use of plastic packaging for all other non-essential items.
2. To consider and make appropriate changes in Plastic Waste (Management and Handling) Rules, 2011.
3. To restrict the use of plastic for packaging purpose of various other non essential consumer items.
4. To take steps on implementation of recommendations of Khwaja Committee Report.
5. Effective measures are taken to make responsible the seller of products using plastic material for packaging to recycle and/or dispose of the packaging material in an authorized and approved manner.
6. To adopt the principle of “Extended Producer’s Liability” and ensure that commercial entities using of such non biodegradable plastic packaging internalize the health and environmental costs of using such packing.

The main issue raised by the applicant is ‘Plastic is used indiscriminately and products such as drinking water, pharmaceuticals, food, beverages and non-essential items like shampoos, cosmetics etc., packed in PET bottles, tetra packs and other laminated packages are unsafe and health hazard’. Besides, the plastic is creating problems and letting out toxic chemicals, monomers and heavy metals such as antimony, lead, mercury and chromium. The applicant pleaded to ban the use of plastics and in particular PET bottles, tetra packs, laminated pouches and other packaging forms.

AIPMA appointed Dr. D. D. Kale – Ex. UDCT Professor as the Technical expert for the NGT Case to prepare a fitting, technically support reply to the applicant’s plea. ICPE and Polymer producers also supported us tremendously in this huge task of collection of technical and valid data to provide to the court for further study. Worldwide technical lab reports were provided to the court.

Subsequently on 15^th April’2014 we held an All Association and FMCG’s Meet at AIPMA house to discuss further deeply on the applicant’s plea. There were various discussions on financial & technical support from the industry to propose solution to the government, courts, local authorities and support effective waste management system to be established in India and how to frame a common strategy where AIPMA in co-ordination of the various associations like ICPE, other stakeholders / brands / effected parties will help the Government agencies in formulation of the policy.

AIPMA can form a committee along with the other respondents in line with the earlier Khwaja Committee suggestions. Logistic of combining various agencies involved in waste collection, segregation and disposal needs to be included in the activities of committee to look into waste disposal problems. We proposed that the Government should include persons familiar with Plastics, paper, glass, additives and also the environment in the committee.

Dr. D. D. Kale – Technical Expert, AIPMA, ICPE and Advocate Mr. Kundan Mishra presented their inputs with technical and commercial methods to tackle the various issues raised in the petition.

AIPMA and other respondents filed their reply and the matter was adjourned for further proceedings. AIPMA have engaged Advocate Mr. Kundan K. Mishra for this case.

On 1^st August, 2015 the matter was held for hearing in the NGT Court but the rejoinder filed by the Petitioner to the reply of the Respondents and the matter was further listed for the proceedings on 18^th September, 2014.

The matter was listed for the final disposal on 31^st October, 2014, but one of the respondent The Union of India sought some time for further instructions and hence the matter was adjourned for the further hearing on 19^th November, 2014, where direction was issued to the Ministry of Environment &Forest (MoEF), Central Pollution Control Board (CPCB) and Ministry of Health and Family Welfare (MHFM), to seek instructions and participate in the proceeding to take some positive decisions. Whereas, the hearing was postponed to 12^th February, 2015 as Union of India took some time to file their reply affidavit.

On12th February, 2015 Union of India filed all the necessary documents i.e. research papers and materials on record supporting the case consisting of various test reports guidelines, etc.

MoEF, CPCB, DGHS, CDSO, FSSAI have taken the stand that the multi layered/pet bottle packaging can be injurious to human health. It also causes serious environmental hazards. It is in fact one of the largest sources of plastic municipal solid waste. As of now, nobody has been able to completely handle the issue of handling, collection and disposal of such waste successfully so that there has to be restriction placed upon such packaging and generation of municipal plastic waste. However, before any order, NGT were considering it appropriate that all the stake holders should also be heard.

AIPMA sought for time to argue in this matter and the matter was held for hearing on 8^th April, 2015.

NGT issued Public Notice to the Manufacturers and Users of multi-layered/ PET bottles packaging, and asked if anybody wishes to address on the question or rejoin in the case.

AIPMA had called a Stakeholders Meet on 23^rd March, 2015 at AIPMA House, to apprise all on the aforesaid order and re-activate all to implead, so that this will strengthen the whole case during NGT hearing on 08.04.2015.

Mr. Haren Sanghavi – Hon. Secretary, AIPMA chaired this meeting and welcomed everyone. He invited Mr. Akhilesh Bhargava – Chairman Environment Committee to start the meeting by giving his valuable inputs on this NGT Issues. There was a presentation made by Mr. Akhilesh Bhargava, where he briefed about the current scenario and possible forward path in the NGT Case. Our Governing Council Chairman Mr. Arvind Mehta also spoke to take positive steps to improve Plastic Waste Management. All the while our President Mr. Rituraj Gupta has been pushing the environment team to work positively to serve the industry. He always proposed to share more and more technical inputs with the industry so that we can have a collective data bank which can lead Plastics to a positive future.

There were discussions regarding sharing the data related to Plastics which can be helpful in this case.

Tetra Pak informed that they have started an initiative of collecting and reclaiming the Tetra Pack with help of an NGO and recycle it in Pune.

It was suggested that Cadbury, Heinz, and others to see possibilities to form respective associations in near future and in the meanwhile, Confectionery Association were studying to implead in this petition.

All the brand owners are once again requested to internally sell the idea of impleading within their respective organizations & to consider possibility of press releases too.

Dabur requested to possibly implead through ‘All India Ayurvedic Association’, where Dabur and Hamdard are quite active apart from 40 other members.

M/s Indian Beauty and Hygiene Association (IBHA) suggested having a column in the newspaper containing details of advantages plastics and importance of recycling Plastics, they have already impleaded in this case.

There was a question raised on the steps taken on recycling and waste management of Plastics. Majority of the members present emphasized that there should be active participation from the Recyclers Association as they are the body who are directly connected with the Corporation.

Till now Organisation of Plastic Processors in India (OPPI), Tetra Pak, Indian Beauty and Hygiene Association (IBHA), PET Container Manufacturers Association (PCMA) have impleaded in the case.

Recyclers Association, Beverage Association and Confectionery Association have planned to implead in this petition.

The Notice issued by NGT was published on 31^st March, 2015 in the National Newspaper and circulated to all its members and affiliates by email.

AIPMA have planned an All Association and Stakeholders Meet on 7^th April, 2015 on 11.00 am at New Delhi.

NGT limited the applications and permitted to intervene in the main application. Only written submissions can be filed within the stipulated time.

The matter was then listed for final argument on 15^th, 16^th and 17^th July, 2015 before the five Members Bench but none of the members were present for the hearing and so the hearing was dismissed and it was directed that this case be listed for final hearing as the Written Submissions on behalf of all the parties have already been filed.

The NGT Court directed MoEF, CPCB, Director General of Health Services (DGHS) and Food Safety Standards of India (FSSAI) to meet and file collective response to all the Written Submissions that have been furnished on behalf of the parties.

The matter will be listed from 18th to 21st August, 2015 at the end of the Board on every day.