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Case: Dr. Vasundhara Menon & Ors. v. Union of India & Ors.
W.P(C). No.4291 OF 2020(J)
The order passed by the government of Kerala which prohibited the manufacture, stocking, and sale of compostable plastic bags got quashed by the Kerala High Court. The single bench of Justice A.K. Jayasankaran Nambair stated that the order by the state government to include compostable plastic bags in a ban concerning single-use plastic cannot be legally sustained in response to a writ petition filed by three petitioners. He also noted that it is a mere assumption by the government that non-compostable plastic bags were being sold off as compostable ones, without any data or credible source to back the same. The petitioners argued that compostable plastic bags have been recognized as a permissible substitute to non-compostable plastic bags under the PWM (Plastic Waste Management Rules) of 2016. They also stated that the state government could not ban something that is not prohibited by the central government in case of delegated powers to the state government.
Background
On January 1, 2020, the state government had prohibited the manufacture, stocking, and sale of single-use plastic in Kerala under the Environment Protection Act of 1986. On the basis of a report submitted by a technical task force that stated that non-compostable plastic bags were being sold off as compostable bags, the government of Kerala included them in the ban as well.
Compostable Bags
Compostable bags in the plastic industry are described to be able to decompose in an aerobic environment under controlled temperature and humidity. Unlike biodegradable bags which decompose on their own, compostable plastic items require human intervention. Compostable bags are much better for the environment than biodegradable and non-compostable bags and are made with natural fibers sourced from plants like corn and wheat.
(Copy of the judgment attached below)
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