The State of Uttar Pradesh became the newest entrant in the list of states banning plastic carry bags in India vide the recent notification issued dated 22nd December, 2015. The notification bans the manufacture, import, storage, sale or even transport of plastic carry bags in the state of UP from 31st January, 2016. The notification issued in pursuance of Art. 48-A of the Constitution and Section 5 of the Environment (Protection) Act, 1986 read with sub-rules (3) and (4) of Rule 5 of the Environment (Protection) Rules, 1986 notes the adverse effects of plastic carry bags on the environment and local ecology, and envisages that the State shall endeavour to protect the environment. Highlighting that the plastic carry bags cause blockage of gutters, sewerage system and drains resulting in serious environmental and public health related problems, the Government has issued a ban on selling/storing or use of any kind of plastic carry bags. It further restricts the manufacture, import or transport of the plastic carry bags completely with the objective of dismantling the entire market of plastic carry bags in UP. Certain administrative officers have been designated under the notification to ensure the enforcement of the directions while the UP Pollution Control Board has been appointed for monitoring and implementing the directions.
In a small legal hitch, the Government having issued the notification, later discovered an anomaly in it, which was clarified through a notice dated 20th January, 2016 to avoid any confusion as to the scope and ambit of the notification. The confusion pertained to Clause 3 of the notification that imposes a blanket ban on using plastic as a cover, sheet, film, tube or even to cover any book including magazine and invitation card or greeting card. This direction existed in conflict with the Explanation appended to the clause since the clause restricted the use of plastic for all purposes including packaging whereas the Explanation exempted packaging explicitly. The notice issued subsequently has now clarified the position by upholding the Explanation above the main clause; permitting the use of plastic for packaging purposes in which the goods are sealed prior to use.
Light, cheap and strong – these are some of the strongest punch words for marketing any commodity, especially when it’s a carry bag. From experience we can say that these words are time-tested for plastic carry bags and are established to be true. Plastic carry bags are the most enduring carry bags available with a wide range of utilities having profuse supply and demand in the market, but the Governments across the globe are on a mission to stop its circulation observing its detrimental impact on the environment. A commodity despite having both demand and popularity is being sacrificed to protect the environment from the far reaching implications of using plastic bags; and rightly so, Governments at all levels are putting their back into it by placing the protection of environment above money-making.
The impact of the notification has become evident in the market at a rather surprising pace. People have started carrying jute and cloth bags from their home, shopkeepers are meticulously avoiding the use of any form of plastic bags whatsoever while the state willingly endures the loss of a Rs. 5000 crore industry to safeguard the environment from the deadly effects of plastic bags. A pro-green approach is gradually taking effect among the people through a collaborative effort of the establishment and the people that has a long way to go, but is already enroute to improve the environment for generations to come.
