Bombay HC Questions Centre On Exclusion Of Plastic Flowers From List Of Banned Single-Use Plastic Items

Mumbai: The Bombay High Court on Wednesday sought to know as to why plastic flowers were not included in the list of banned single-use plastic items by the Union government.

A bench of Chief Justice Alok Aradhe and Justice Bharati Dangre asked whether the Centre was of the opinion that plastic flowers could be recycled or were biodegradable. 

Court Raises The Question

The court raised the question while hearing a public interest litigation (PIL) by the Growers Flowers Council of India (GFCI), which sought a ban on plastic flowers in Maharashtra. The PIL contended that plastic flowers, particularly those less than 100 microns thick, contribute to environmental pollution and should be included in the list of prohibited single-use plastic items.

Pursuant to HC notice, the Union through the Ministry of Environment, Forest and Climate Change (MoEFCC), filed an affidavit stating that plastic flowers are not included in the list of banned single-use plastic items as they do not meet the criteria of “high littering potential and low utility”. Further, the affidavit stated that the Central Pollution Control Board (CPCB) had forwarded the matter for consideration but without any supporting analysis.

The MoEFCC clarified that an expert committee constituted by the Department of Chemicals and Petrochemicals (DCPC) had identified 40 single-use plastic items for detailed analysis. However, plastic flowers were not among them.

The bench asked: “Is the union government sure that plastic flowers can be recycled or that they are biodegradable? They are so flimsy. Can they be recycled?” 

Referring to the Central government’s notification by which a ban was imposed on single-use plastics that cannot be recycled or are not biodegradable, the judges asked: “Are you (the government) sure plastic flowers cannot be included in this list?” 

The court has asked the petitioner to file a rejoinder affidavit in response to the Centre's stand in two weeks.

The plea relied on various notifications issued by both central and state governments prohibiting the production, stocking, distribution, and sale of single-use plastic items. These include plastic items less than 100 microns thick.

Advocate for Maharashtra Pollution Control Board, Sachin Shetye, informed the bench that they have been taking action pursuant to the notification imposing a ban. “All local municipal bodies have been imposing the ban. We have recovered  Rs17 lakh as fine from violators,” Shetye said.