A court noted that an IIT report says that use of reinforced paper cups would be deleterious to the environment as it would lead to cutting of more trees, and the recycling of which, will cause more pollution
The Supreme Court of India has upheld a ruling by the Madras High Court that imposed a ban on the use of reinforced paper cups introduced in Tamil Nadu in 2019. The Supreme Court stated that the state government's policy is in the public interest.
A bench composed of Justices S. Ravindra Bhat and P.S. Narasimha highlighted that the ban was initially imposed based on a report from the Indian Institute of Technology (IIT). According to the IIT report, the use of reinforced paper cups would have negative environmental consequences as it would require the cutting of more trees. Furthermore, the recycling of these cups would lead to increased pollution.
The Supreme Court emphasized that since there is a scientific basis for the ban and it aligns with the state government's policy to ban various categories of single-use plastic products in the public interest, there is little reason for the court to interfere with the ban.
The court rejected the petitioner's argument that the ban is overly inclusive and disproportionate. It stated that while the ban restricts the appellant's rights under Article 19(1)(g), it is reasonable and necessary for the greater good of the public's right to a pollution-free environment, as per Article 19(6) of the Indian Constitution.
However, the Supreme Court did direct the Tamil Nadu Pollution Control Board (TNPCB) to reconsider the ban on non-woven bags in light of the amended Plastic Waste Management Rules of 2016. The court noted that non-woven bags have distinct characteristics, including reusability to some extent, and their composition and proportion of materials used in their manufacture can be customized.
The case stemmed from a plea filed by the Tamil Nadu and Puducherry Paper Cup Manufacturers Association, challenging a government order that banned the production, storage, supply, transport, sale, distribution, and use of one-time use and throwaway plastics. Paper cups are typically lined with wax or plastics.