India’s Legal Battle to Beat Plastic Pollution

Globally World Earth Day, 22nd April, ensures environmental protection and sustainability. On this day, each year we focus on a specific theme to raise awareness. We highlight environmental issues and inspire action to beat plastic pollution. 

In 2024, World Earth Day's theme is "Planet vs. Plastics”. It addresses the escalating problem of plastic pollution and its intense impact on the planet. Let’s overview India’s legal laws to beat plastic pollution.

Why does 'Planet vs. Plastics' matter in India?

Earth Day plays a significant role in India due to the country's growing plastic pollution issues. Thus, the 2024 Earth Day theme 'Planet vs. Plastics', is extremely relevant to India.

India generates 3.4 million tonnes of plastic waste annually due to an increase in consumption and rapid industrial development. The theme highlights a need for innovative solutions and collective action to beat plastic pollution. 

It addresses the impacts of plastic pollution on our planet's health and biodiversity. In turn, aiming to inspire individuals and organizations to take significant steps toward a cleaner, more sustainable future. 

Rules in India to beat plastic pollution

Plastic waste management rules, 2016

These were the first set of rules introduced by the Ministry of Environment, Forest and Climate Change. They regulate the manufacture, sale, and use of plastic items. While targeting adverse environmental impacts to beat plastic pollution. They apply to waste generators, local bodies, manufacturers, importers, and producers.

Plastic waste management (amendment) rules, 2024

A new set of rules were introduced in 2024. They address India's plastic pollution issues, especially microplastics and biodegradable plastics. Some key aspects include:

• They define biodegradable plastics and microplastics.
• Expand the Importer definition to include various plastic-related materials.
• They include intermediate materials under the principle of Extended Producer Responsibility (ER).
• They mandate the requirement of a CPCB certificate for marketing biodegradable plastics.

Key differences between the plastic waste management rules, 2016, and the plastic waste management (amendment) rules, 2024

These amendments describe a significant step towards emphasizing India's plastic pollution problem. Specifically concerning microplastics and the regulation of biodegradable plastics.

What is extended producer responsibility (EPR)?

Extended Producer Responsibility (EPR) considers brands, plastic producers, and importers accountable for the entire lifecycle of their products. It is based on the "polluter pays" principle and is typically implemented by governments through rules and targets.

There are two types of EPR programs-  Mandatory targets & penalties, and Non-binding targets but legal reporting requirements. Let’s look at the details:

• Mandatory EPR countries make companies meet collection, recycling, and post-consumer recycled (PCR) content targets for their plastic packaging.
• The implementation of EPR involves organizing supply chains and collaborating with collection and recycling organizations.
• The EPR supports circular production and reusable product design, reducing environmental leakage. 

Challenges to beat plastic pollution despite regulations:

• Despite regulations like the Plastic Waste Management Rules, of 2016, India continues to struggle with plastic pollution.
• Single-use plastics cause a significant threat to the environment, wildlife, and human health in India.

Landmark court rulings on plastic pollution:

• Tamil Nadu And Puducherry Paper Cup vs. The State Of Tamil Nadu (20 October 2023) - The Madras High Court upheld the Tamil Nadu government's ban on one-time use and throwaway plastics, including plastic carry bags, plates, cups, and straws. The ban was challenged by an association representing paper cup manufacturers and a manufacturer of non-woven plastic bags. The court dismissed the challenge, citing the larger public interest in a pollution-free environment. 

• Almitra H. Patel & Ors. vs. Union of India & Ors. (24 November 1999) - The Supreme Court mandated that all states and union territories should implement the Plastic Waste Management Rules, 2016. It helps manage plastic waste effectively. This included setting up mechanisms for collection and disposal. Ensuring compliance by municipalities, and taking action against violators. The motive was to protect the environment and public health from the hazards of plastic waste.

Swachh survekshan and Swachh Bharat mission to beat plastic pollution in India:

Swachh Bharat Mission (SBM) was first launched in 2014, followed by Swachh Survekshan in 2016. SBM - Urban 2.0 emphasizes reducing plastic waste and complying with the Plastic Waste Management Rules.

Some of its key approaches include:

• It addresses source segregation, segregated collection and transportation, processing, and setting up material recovery facilities (MRFs) in all urban local bodies (ULBs).
• The initiatives include additional funding for waste management projects and advisory on plastic waste management.
• Align Swachh Survekshan and Star Rating Protocol with plastic waste rules.
• Formation for Special Task Forces and a National Level Taskforce effective implementation.

Conclusion: Are regulations enough to beat plastic pollution in India?

India has implemented the Plastic Waste Management Rules, 2016, and recent amendments to address plastic pollution. Initiatives like Swachh Bharat Mission and Swachh Survekshan promote waste management. However, more efforts are needed for effective implementation and promoting sustainable alternatives to single-use plastics.

Nancy Sharma is a legal researcher and writer. She is the Founder of The LawGist, an online portal explaining legal news.