Plastic found in the stomachs of a dead whale and cows was one of the reasons cited by the Maharashtra government before the Bombay high court on Wednesday to justify its ban on plastic across the state. A division bench of Justice Abhay Oka and Justice Riyaz Chagla is hearing four petitions filed by manufacturers of plastic, PET bottles and thermocol challenging the prohibition.
In an affidavit filed by Sanjay Sandanshiv, under secretary in the environment department, the state said it had alarming evidence before it showing the harm caused to the environment by the disposal of non-biodegradable material. “The recent death of a whale near the Mumbai coast was due to plastic, which was confirmed during the autopsy. Plastic waste was found in the stomach of the whale. Plastic waste of approximately 35 kg was found in the stomach of dead cows,” said the affidavit. It pointed out that Mithi River and other water bodies in Mumbai were the severe casualties of plastic waste. “The use of plastic carry bags, PET bottles, plastic cups, spoons, film sheets and items of thermocol are causing serious environmental hazards and affecting the health of human beings and animals. Therefore, to prevent recurrence of such problems, the state government has issued the notification,” said the affidavit.
Senior advocates Milind Sathe, Janak Dwarakadas and Anil Anturkar, counsels for manufacturers, questioned the state’s powers to impose the ban by executive fiat.
Claiming that the ban affected the fundamental right to livelihood of lakhs of families, the lawyers sought interim orders to defer the ban on the manufacture of plastic. The advocates said the ban was illegal.
The bench asked the manufacturers why they couldn’t go to the committee set up by the state under the environment minister. “The notification mentions that the state is willing to reconsider and modify the provisions. If a remedy is provided under the rules, why don’t you avail of it? The court does not have the expertise to decide if other materials like paper and steel are more harmful to the environment than plastic,” the bench said.
Senior advocate E P Bharucha and government pleader Abhinandan Vagyani said the state was empowered to enact the ban. “There is no way to stop plastic waste being generated except through a ban. No manufacture means no plastic waste,” said advocate Bharucha. The court will continue hearing arguments in the case on Thursday.
Source : TOI
