A blanket ban on plastics requires time to be implemented in full spirit because alternatives are not available in the market on the scale that is required. If the Government Order is implemented in full, normal life in the State will come to a standstill, says Industries Secretary S. Krishnan
The State government has informed Madras High Court that it intends to modify a 2020 Government Order (G.O.) through which a blanket ban was imposed on use of plastic packets even for selling milk, milk products, biscuits, oil, shampoo, medicines, medical equipment and other such goods that come packed from manufacturing facilities.
Industries Secretary S. Krishnan and Micro, Small and Medium Enterprises (MSME) Secretary V. Arun Roy have filed identical affidavits in the court seeking its permission to modify the G.O. on the ground that it would be impossible to implement it in view of widespread use of plastics for packaging food and other products.
“A blanket ban on plastics in packaging as envisaged under G.O.(MS) No. 37 dated June 5, 2020 requires time to be implemented in full spirit because alternatives are not available in the market at the scale that is required in a routine manner. If the G.O. is implemented in full, normal life in the State will come to an absolute standstill,” Mr. Krishnan said.
Stating that the plastic packaging material manufacturing units in the State were being denied Consent to Establish (CTE) and Consent to Operate (CTO) in view of the blanket ban on manufacture, storage, supply and sale; the Secretary said, it had caused great harm to the local industries in terms of loss of business and employment opportunities.
According to industry estimates, there were around 8,000 plastic production units in the State employing around five lakh people of whom 30% to 35% were women. More than 2,000 units were engaged in recycling plastics and the polymers processed for plastics manufacturing was around 12 lakh tonnes per annum.
“GST contribution by the plastics manufacturing units is around ₹3,200 crore per annum. Tamil Nadu is also a significant supplier of finished plastic products to other States. Therefore, this industry contributes significantly to the economy of Tamil Nadu,” the affidavit filed by Mr. Krishnan read.
‘Defeats the object’
Claiming that no other State in the country had imposed a blanket ban on plastic packaging materials as it had been done in Tamil Nadu, he said, the banned plastics were nevertheless entering the State from other parts of the country and thereby defeating the object of creating a plastic free State.
A proper solution to the problem would only be the guidelines issued by the Union Ministry of Environment and Forests (MoEF) on February 16, 2022 intending to make the producers liable for collection and recycling/reuse of plastics under the concept of Extended Producers Responsibility (EPR), the Secretary added.
The EPR guidelines provide an extensive framework to strengthen the circular economy of ‘plastic packaging waste recycling’ and also prescribe for levy of environmental compensation based upon ‘polluter pays principle.’ Even the Centre had not considered any blanket ban on plastic packaging due to their indispensability, the officer said.
Another notification issued by the MoEF on August 12, 2021 states that any ban on plastic carry bags, plastic sheets and so on would come into force only after 10 years. “The Government of India itself has thereby acknowledged the difficulty of enforcing an immediate ban on plastics,” the Secretary highlighted.
Ban on single use plastic products
Initially, the State government had issued a G.O. on June 5, 2018 banning single use plastic products such as carry bags, flags, food wrapping sheets, dining table spreads, plates, tea cups, tumblers, water pouches and straws. The G.O. had however granted exemption for certain plastic packaging materials.
When the GO was challenged by Tamil Nadu, Pondy Plastic Association, a Division Bench of Justices S. Vaidyanthan and P.T. Asha upheld its validity on December 27, 2018 and directed the government to consider phasing out all kinds of plastics by removing the exemptions granted under the G.O.
Thereafter, the association had filed a review application before the Bench through its counsel R. Saravanakumar in 2019. When the review was pending, the government had come up with the 2020 G.O. removing the exemptions for plastic packaging materials and imposing a blanket ban.
The government’s present plea seeking permission of the court to modify the 2020 G.O. would be taken up for hearing on June 5 when the review application had been listed for hearing next.
Source : thehindu