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The Madras HC on 11th July confirmed the Tamil Nadu government’s ban on single use plastic starting from January 2019. In doing so, the Madras HC recommend the curbing the use of single of plastic, given its harmful impact on the environment. It observed that:
“we wish to observe that slowly and steadily, plastic had infiltrated and intruded into our daily lives and the large scale use of plastic, for the purpose to which it was not intended to, had in fact sounded a death knell to our ecology and environment. By virtue of burgeoning use of plastics for all purposes, it resulted in mounting of garbage strewn all through the lanes and by-lanes of the streets and the Municipal authorities throughout the State find it an uphill task to deal with the situation.
Above all, plastics which are meant for single use are certainly a menace inasmuch as it is littered at the throw of a hat. The more the easier the production of plastic, as we could infer, be it one time use and throw away plastic or other similar nature of product, the more easily it is thrown away in the bins or strewn haphazardly, which causes great concern to the environment and it is a huge pollution menace."
The Madras HC noted that the Tamil Nadu State Government had the legislation competence to pass the Government Order under the Environmental Protection Act, Section 5 along with the constitutional mandate under article 48A and 256 of the Indian constitution. The court passed the ruling dismissing the challenge made to the GO by various petitioners including manufacturers of plastic bags, plastic cups, etc.
The Supreme Court, referring to the matter, has reiterated that matters of government policy cannot be made subject to judicial review.
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