Meghalaya High Court: In a public interest litigation petition regarding the ban on the use of plastic bags, the Division Bench of IP Mukerji, CJ and W. Diengdoh, J., directed every Deputy Commissioner heading a district to take the following measures:
(a) Continue to carry out awareness camps indicating the adverse effects of plastic.
(b) Informing and convincing the people by public announcement, through advertisement, billboards, wall writing, other media, that the use of plastic is detrimental to personal health, the environment, and the ecological system;
(c) Give reasonable time to persons who have already procured and have possession of plastic less than 120 microns to return the items to the seller or to dispose of them hygienically;
(d) Plastic of less than 120 microns in width should not be permitted to be manufactured in the State. The State should take all steps to prevent its clandestine manufacture and subject to (c) above, identify and inspect places where they are in frequent use, seize them and deal with the offenders appropriately. For this purpose, administrative orders may be issued.
The Court, vide its order dated 16-04-2024, directed the State to take measures against the use of plastic bags. The Bench viewed that for a long time, plastic was being used as a very inexpensive material to store goods and items in containers, bags, bottles; however, in the absence of a viable substitute, a sudden and total ban on plastic might jeopardise the economic life of the State.
The Court noted that action was taken only in a major portion of East Khasi Hills District and hardly any in the remaining eleven districts of the State. Further, the report indicated that in most places, only awareness camps were held on the illegality of the use of plastic of 120 microns or more. The Court said that positive and effective steps for the removal of these items from the market would be the first step towards having a society without plastic and with its replacement by an equivalent substitute available at an equivalent price.
The Court sought a report from all the Deputy Commissioners by 20-06-2025.
[Phuyosa Yobin v. State of Meghalaya, PIL No.7/2024, Decided on: 14-05-2025]
