Awareness

Various court orders that prohibit usage of plastic and plastic products.

Court Case Year Courts Observation Annexure
National GreenTribunal.Principle Bench.New Delhi Indian Council for Enviro-Legal Action Vs. National GangaRiver Basin Authority & Ors 02.07.2015 “There shall be complete prohibition of use of the plastic in the entire city of Hardiwar and Rishikesh and particularly on the banks and flood plain of river Ganga Plastic will not be used for any purpose whatsoever, that is for serving food, commodities, packaging or even carrying the plastic in that area. A
Supreme Court of India PIL filed against PET Packaging by an NGO. Toxics Links Vs Unionof India & ors. 03.04.2013 Hon’ble Supreme Court of India stated, after the Central Pollution Control Board informed it that India generates 56 lacs tons of plastic waste annually that “ we are sitting on a plastic time bomb”
Allahabad HighCourt Public Interest Litigation No.4003 of 2006 (Re. GangaPollution Vs State of UP & Ors.) 19.10.2012 The High Court imposed a complete ban on sale of polythene bags and use of polythene as packing material for food stuff like milk and water etc. in the entire district of Allahabad. The Court observed that pouches are worse than an Atom Bomb and another Division Bench of this Court has already banned all kinds ofpolythene in district Mathura B
Supreme Court of India Ankur Gutkha v/s. Indian AsthmaCare Society and Ors.(SLP Nos.16308,16314,16317 & 69467-69469 of 2007) 07.12.2010 Banned the use of plastic pouches for sale of Tobacco and Guthka. It is alsopertinent to mention here that even Apex Court considered that plastic material isnot suitable for packaging of guthka and other tobacco products. C
Madras HighCourt The Registrar (Judicial), MaduraiBench of Madras High Court v/s.The Secretary to Government,Environment and ForestDepartment and Ors.(W.P.(MD)No.11753/2010 10.11.2010 The major chemicals that go into the making of plastic are highly toxic and poseserious threat to living beings of all species on earth. The plastic waste beingdumped into rivers, streams and seas contaminate the water, soil, marine life andalso the very air we breathe. Choked drains provide excellent breeding groundsfor mosquitoes and causing diseases besides causing flooding during themonsoons.” D

Chronology of events of Him Jagriti’s’ representation to Ministry of Health and Family Welfare (MOH&FW) on 15 th January 2014.

Institution DATE EVENT
MOH&FW 25.11.2013 65 th DTAB Meeting was held - it was recommended that In the first phase, the use of plastic / PET containers in liquid oral formulations for primary packaging of paediatric formulations and Formulations meant for geriatrics, women in reproductive age group and pregnant women, should be phased out in a time bound manner and subsequently banned.
MOH&FW 26.05.2014 MOH&FW Referred to ICMR who had proposed blanket prohibition in usages of PET bottles in pharmaceuticals.
MOH&FW 29.09.2014 Pre Notification banning the usageof PET Bottle was issued giving 45 days’ time for obtaining opinion from the public.
MOH&FW 23.03.2015 MoHFW gave consent for constituent of Expert Committee (High Level Committee)
MOH&FW 30.07.2015 Report of the Plastic Hazard Committee on 5 Pharmaceutical Preparation done through AIIHPH was submitted.
MOH&FW 18.08.2015 70th DTAB meeting was held expressing its’ concern about the leaching of heavy metals from PET containers to the liquid substances and recommended that the finding of the committeeupon obtaining AIIHPH report may be forwarded to the Government of India for consideration and taking further action in the matter.
MOH&FW 23.03.2016 DGHS sent a communication on 23rd March 2016 to the PHC of the AIHPH asking for clarifications as to why their report with recommendations was not accepted by the HLC.
MOH&FW May’2016 AIHPH submitted its response in a detailed report, rebutting comprehensively the stand taken/conclusion drawn by the HLC.
MOH&FW 13.05.2016 The members agreed with the clarifications of the AIIHPH with respect to the HCL rebuttals and clarifications asked for by DGHS. There after, aconsidered decision was taken by DTA Bunanimously to recommend taht the earlier Pre -Notification number. GSR (E) 701 29th Sept 2014 - Issued by MoHFW - be confirmed and implemented immediately. The 71 st DTAB Minutes was issued and included the above. (Annexure K)

Chronology of events of Him Jagriti’s’ representation to National Green Tribunal (NGT) on 15 th January 2014.

Institution DATE EVENT
NGT 03.03.2015

Learned Counsel appearing for the DG health submits that – That multi-layered/pet bottles packaging can cause injuries to health due to leaching and other chemical reaction of the content of the plastic. The Central Drugs Standard Control Organisation (CDSO) in exercise of its power under the Drugs and Cosmetics Act, 1940 has proposed a complete prohibition on use of polyethyleneterephthalate or plastic containers in liquid oral formulations for primary packing and the Ministry of Health and Family Welfare had issued the pre- Notification.

Learned Counsel appearing for the CPCB submits that – Pet Bottles are an environmental hazard and injurious to public health and Environment

Learned Counsel appearing for the FSSAI submits that – The multi-layered/pet bottle packaging can be injurious to human health.

NGT in view of that - Plastic multi-layered packaging/pet bottles would be injurious to human health and causes serious environmental hazards.Ø It is in fact one of the largest sources of plastic Municipal Solid Waste. As of now, nobody has been able to completely handle the issue of handling, collection and disposal of such waste successfully. There has to be restriction placed upon such packaging and generation of Municipal Plastic Waste.

NGT 18.08.2015

MoEF filed an Affidavit on the basis of the meeting held on 31.07.2015. Mentioned that AIIHPH had been given responsibility by DG Health for testing of effect of PET/Plastic packaging forpackaging of Oral Drug formulation, but have not mentioned the result of test report done by AIIHPH and stand of DG Health thereon. MoEF submitted for further nationwide test which wasdeclined by the Bench

NGT 21.04.2016

The objection to the Expert Committee report has been filed on behalf of the Applicant. Learned counsel appearing for the other parties pray for time to file response to the objection filed onbehalf of Applicant as well as Objection/suggestion to the expert committee report. Let the needful be done within two weeks from today. List these matters for arguments on 23rd and 24thMay, 2016. We make it clear that we will not give any further adjournment to any of the parties to the list. Learned counsel appearing for the MoEF and Ministry of Health submit that theywould adopt the report of the expert Committee as they were part of the said Committee

NGT 23.05.2016
&
24.05.2016

The Reports of the Committee dated i.e. 10th March, 2016 and May, 2016 have been placed on record. Some of the parties have field their Reponses to the said reports in the form of objections or otherwise. We grant last opportunity to any of the party present before the Tribunal to file their replies to the responses/objections filed by the parties to the report of the Committee. We make it clear that we will not grant any further time to any of the party in the present application and would hear the matter for final arguments on 21st and 22nd July, 2016.