In a recent ruling, the Supreme Court reaffirmed the Madras High Court’s decision to support Tamil Nadu’s ban on reinforced paper cups, a significant step in the ongoing battle against pollution. However, the Apex Court also directed the Tamil Nadu Pollution Control Board (TNPCB) to reevaluate the prohibition on non-woven bags, taking into account the amended Plastic Waste Management Rules of 2016, which propose a regulated approach instead of a complete ban.

The 2016 rules saw modifications in 2021, allowing for the production of non-woven bags exceeding 60 grams per square meter. This verdict came in response to an appeal initiated by an association of manufacturing units specializing in ‘reinforced’ paper cups, along with a manufacturer of non-woven plastic bags, who challenged the State Government’s ban on their respective products.

The primary argument presented by the paper cup association revolved around the assertion that the plastic content in these cups was minimal, constituting a mere 6%, while paper accounted for the substantial 94%. They contended that the all-encompassing ban was unreasonable, capricious, and disproportionate.

However, the Court stressed that these paper cups were often used indiscriminately and treated as single-use products. Moreover, they posed challenges as non-biodegradable items, creating obstacles for recycling.

Additionally, the paper cup association argued that the prescribed consultative process as outlined in Rule 4 of the Environment (Protection) Rules of 1986, involving the publication of a draft notification, solicitation of objections, and final notification issuance after taking objections from stakeholders into consideration, was not duly followed in this case. The Court acknowledged that the pre-decisional hearings, as mandated, were not granted to the appellants before the order was enforced in 2018. Nonetheless, the Court upheld the ban, emphasizing the larger public interest involved. The Court also pointed out that appellants were granted a hearing opportunity before the ban was implemented in 2019, and their representation was thoroughly considered.

Moreover, the Court acknowledged that the ban on non-woven bags might require further scrutiny, given their reusability, recyclability, and some degree of biodegradability based on their composition. The absence of a committee to examine the environmental impact of these products was also highlighted. This verdict underscores the intricate balance between environmental concerns and industrial interests.