Meghalaya High Court
Phuyosa Yobin vs State Of Meghalaya & Ors on 16 August, 2024
Author: W. Diengdoh
Bench: W. Diengdoh
Serial No. 11
Supplementary List
HIGH COURT OF MEGHALAYA
AT SHILLONG
PIL No. 7 of 2024
Date of order: 16.08.2024
Phuyosa Yobin Vs State of Meghalaya & ors
Coram:
Hon'ble Mr. Justice S. Vaidyanathan, Chief Justice
Hon'ble Mr. Justice W. Diengdoh, Judge
Appearance:
For the Petitioner : In-person
For the Respondents : Mrs. T. Yangi B., AAG with
Mr. E.R. Chyne, GA Mr. Philemon Nongbri, Adv for R/2 This Public Interest Litigation has been filed, seeking to ban the production, storage, circulation and also use of Single Use Plastic (SUP) bags.
2. The use of plastics and its eradication has become a big challenge for the Governments now-a-days. On one hand, plastics have become an inseparable part of our life and on the other, there is an awareness among public in respect of use of Single Use Plastics and its health hazards.
3. The disturbing factor is that even local milk vendors started packing milk or fruit beverages in plastic bottles, cups and tumblers and food items are packed in plastic materials. We do not know the quality of the plastic. Plastic bags, especially Single Use Plastics pose threat to the environment and such kinds of plastic are construed to be long Page 1 of 8 chains of carbon atoms, which will exist for hundreds or even thousands of years.
4. In India, there was a ban of SUP carry bags thinner than 75 microns in the year 2021 and thereafter, it was decided to increase the thinner to 120 microns in respect of ban of SUP carry bags. On account of failure on the part of authorities concerned, the banned grade of carry bags started circulating in the low-end section of the economy. It was reported that the accumulation of annual plastic wastes is calculated to be 5.5 million tonnes approximately, on account of the reason that most of the hawkers, who run roadside shops and street vendors cannot afford to the costlier substitutes, as non-plastic substitutes are usually much more expensive. The eradication of plastics could be achieved only by way of introduction of economically feasible non-plastic substitutes by the Government and every attempt should be made to implement the strategy, so as to make the State a plastic free zone.
5. The pervasive use of plastics, though convenient and durable, has unleashed a hidden monster, namely, plastic pollution. This threat affects every corner of the planet, endangering life on land and in water. Banning single-use plastics is crucial for a healthier planet and a brighter future. To combat plastic pollution, a multi-pronged approach is needed and the ban of plastics alone will not render fruitful results, alternative products in the place of plastics must be identified and this Page 2 of 8 could be achieved through collective action and innovation.
6. In our view, the introduction of Tetra Pak cartons, which are primarily made from paper could be an effective and alternative produce to replace plastics. The fight against plastics is not just an environmental crusade, but a battle for the health and future of our planet.
7. One of us (CJ), while hearing a similar issue in the Division Bench of Madras High Court, had passed several interim orders with a view to do away with plastics. The effect of using plastic items and its menace should be taught to children. Our grandfathers saw water in river, fathers in well, the present generation is seeing it in tap, the children in bottle and let us not reduce it to the miniature size of water in 'capsule' for the use of future generation.
8. The plastic wastes block waterbodies, as a result of which, the earth is not in a position to absorb water. Resultantly and obviously, there is a huge water scarcity everywhere. For example, if we keep water in a plastic bottle and pot simultaneously, the water kept in the pot will slowly disappear on account of absorption by earth, whereas the water filled in the plastic bottle will remain forever. +
9. The party-in-person has referred to a judgment of the Gwalior Bench of Madhya Pradesh High Court in the case of Gaurav Pandey vs. Union of India, reported in ILR (2020) MP 895 (DB), wherein, while Page 3 of 8 emphasizing the need to preserve the environment and the ban of polythene / plastic bags, held as follows:
"15. It is well said that if you want to survive for years together, you are required to protect the environment. Ecosystem is one of most important factor which protects the environment. Ecosystem is defined as "a system wherein community of living organisms is in conjunction with the nonliving components of their environment, interacting as a system". Such biotic and abiotic components are linked together through nutrient cycles and energy flows. Ecosystem is controlled by external and internal factors. External factors such as climate, parent material which form the soil and topography, control the overall structure of ecosystem but are not themselves influenced by the ecosystem. Internal factors are controlled by decomposition, root competition, shading, disturbance, succession etc. That means, an ecosystem is a geographic area where plants, animals, and other organisms, as well as weather and landscapes, work together to form a bubble of life.
16. In the light of above, banning of polythene/plastic bags has to be considered as a most significant moment of life. If any material which is generally used is not biodegradable then the whole ecosystem will be affected and indirectly will affect all living organisms of the world.
17. Polythene is a poly (methylene). The properties of polythene are as under:-
(i) Mechanical properties of polyethylene:
Polyethylene is of low strength, hardness and rigidity, but has a high ductilit and impact strength as well as low friction. It shows strong creep under persistent force, which can be reduced by addition of short fibers. It feels waxy when touched.
(ii) Thermal properties :
The commercial applicability of polyethylene is limited by its comparably low melting point. For common commercial grades of medium- and high- density polyethylene the melting point is typically in the range 120 to 180°C (248 to 356°F). The melting point for average, commercial, low-density polyethylene is typically 105 to 115°C (221 to 239°F). These temperatures vary strongly with the type of polyethylene.
(iii) Chemical properties :
Polyethylene consists of nonpolar, saturated, high molecular weight hydrocarbons. Therefore, its chemical behavior is similar to paraffin. The individual macromolecules are not covalently linked. Because of their symmetric molecular structure, they tend to crystallize; overall polyethylene is partially crystalline. Higher crystalline increases densit and mechanical and chemical stability. Most LDPE, MDPE, and HDPE grades have excellent chemical resistance, meaning they are not attacked by strong acids or strong bases, and are resistant to gentle oxidants and reducing agents. Crystalline samples do not dissolve at room temperature. Polyethylene (other than cross- linked polyethylene) usually can be dissolved at elevated temperatures in aromatic hydrocarbons such as toluene or xylene, or in chlorinated solvents such as trichloroethane or trichlorobenzene.
Polyethylene absorbs almost no water. The gas and water vapour permeability (only polar gases) is lower than for most plastics; oxygen, carbon dioxide and flavorings on the other hand can pass it easily. PE can become brittle when exposed to sunlight, carbon black is usually used as a UV stabilizer.
Polyethylene burns slowly with a blue flame having a yellow tip and gives off an odour of paraffin (similar to candle flame). The material continues burning on removal of the flame source and produces a drip.Page 4 of 8
Polyethylene cannot be imprinted or bonded with adhesives without pretreatment. High strength joints are readily achieved with plastic welding.
(iv) Electrical properties of polyethylene :
Polyethylene is a good electrical insulator. It offers good electrical treeing resistance; however, it becomes easily electrostatically charged (which can be reduced by additions of graphite, carbon black or antistatic agents).
(v) Optical properties :
Depending on thermal history and film thickness PE can vary between almost clear (transparent), milky-opaque (translucent) or opaque. LDPE thereby owns the greatest, LLDPE slightly less and HDPE the least transparency. Transparency is reduced by crystallites if they are larger than the wavelength of visible light.
18. Polythene is produced from ethylene, and although ethylene can be produced from renewable resources, it is mainly obtained from petroleum or natural gas. Moreover, the widespread usage of polyethylene poses difficulties for waste management if it is not recycled. Polyethylene, like other synthetic plastics, is not readily biodegradable, and thus accumulates in landfills and puts the life of human being as well as animals into danger.
19. It is relevant to mention here that the problem raised in this PIL cannot be solved by punitive measures. Time has come to make the citizens/stakeholders aware of their duties and liabilities. This duty of every citizen is constitutionally provided in Article 51-A (g), which for ready reference and convenience is reproduced below:
"(g) to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures".
The duty to ensure clean and unpolluted environment is as much of the State and its functionaries as it is of the citizen.
20. The fundamental rights are defined in Constitution of India. Similarly, fundamental duties as amended by 42 nd Amendment, were incorporated in Article 51- A contained in Part 4-A of the Constitution. In AIIMS Students' Union vs. AIIMS and others [(2002) 1 SCC 428], Apex Court has observed as under:
"Fundamental duties, as defined in Article 51A, are not made enforceable by a writ of court just as the fundamental rights are, but it cannot be lost sight of that duties in Part IVA -Article 51A are prefixed by the same word fundamental which was prefixed by the founding fathers of the Constitution to rights in Part III. Every citizen of India is fundamentally obligated to develop the scientific temper and humanism. He is fundamentally duty bound to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievements. State is, all the citizens placed together and hence though Article 51A does not expressly cast any fundamental duty on the State, the fact remains that the duty of every citizen of India is the collective duty of the State. Any reservation, apart from being sustainable on the constitutional anvil, must also be reasonable to be permissible. In assessing the reasonability one of the factors to be taken into consideration would be whether the character and quantum of reservation would stall or accelerate achieving the ultimate goal of excellence enabling the nation constantly rising to higher levels. In the era of globalisation, where the nation as a whole has to compete with other nations of the world so as to survive, excellence cannot be given an unreasonable go by and certainly not compromised in its entirety. Fundamental duties, though not enforceable by a writ of the court, yet provide a valuable guide and aid to interpretation of constitutional and legal issues. In case of doubt or choice, peoples wish as manifested through Article 51A, can serve as a guide not only for resolving the issue but Page 5 of 8 also for constructing or moulding the relief to be given by the courts. Constitutional enactment of fundamental duties, if it has to have any meaning, must be used by courts as a tool to tab, even a taboo, on State action drifting away from constitutional values."
10. Reportedly, every year, plastic kills 1 million sea birds and 100,000 sea mammals, turtles and fish and on account of plastic pollution, wildlife simply disappears, as the most visible impacts of plastic debris are the ingestion, suffocation and entanglement of species. Wildlife such as birds, whales, fish, and turtles mistake indigestible plastic waste for food and die of starvation as their stomachs become filled with it. The following picture is a classical example and it depicts as to how the use of plastics affects the life of a fish:
11. The adoption of regulatory measures to curb the use of plastics alone may not be helpful, as there are several violators in our Country. If a citizen of India visits Singapore, he would throw plastics and other waste items only in the dustbin fearing imposition of heavy penalty, whereas such items would be thrown to floor, once the very Page 6 of 8 same person lands India. Mere dream of conversion of our Country as that of Singapore alone will not be helpful and strict prohibitory measures and imposition of heavy fine on the violators are the only solution to eradicate plastics from the society, in addition to spreading awareness about the menace of plastics.
12. The Government of Meghalaya must be vigilant that the plastics items are stopped at the entry level itself. Next to the High Court, we are able to witness that there are accumulations of plastics in shops. A periodical raid should be conducted in all shops and the Government of Meghalaya should think of imposing huge amount of fine against those, who use plastics within the State of Meghalaya. Strict enforcement of law alone will be helpful in extermination of plastics from society.
13. To begin with, such a move can be started from Temple premises. Temple authorities must ensure that there is no usage of plastic bags in and around the worshipping places. Periodical inspection should be conducted nearby shops and if any shops are found to have stored plastic bags, heavy fine should be imposed on them and if the practice is continued, such shops should be kept under lock and seal. CCTV cameras shall be installed in all Temples, so that if anybody carries plastics inside the Temple, that can be curtailed to some extent. Page 7 of 8
14. List this matter after three weeks. The Government is expected to file a counter affidavit / reply as to the steps taken by them in curtailing the use of plastics within the precincts of Meghalaya.
(W. Diengdoh) (S. Vaidyanathan)
Judge Chief Justice
Meghalaya
16.08.2024
"Sylvana PS"
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