India's Supreme Court upholds ban on reinforced paper cups in Tamil Nadu

The Supreme Court recently upheld the ban on reinforced paper cups introduced in Tamil Nadu in 2019.

The Supreme Court recently upheld the ban on reinforced paper cups introduced in Tamil Nadu in 2019.

A bench led by Justice Ravindra Bhat upheld the Madras High Court decision, which refused to interfere with a government order banning the manufacture, storage, supply, transport, sale, distribution, and use of “one-time use and throwaway plastics”.

An association representing manufacturing units involved in the manufacture of ‘reinforced’ paper cups, and a manufacturer of non-woven plastic bags had challenged that order before the Supreme Court.

They argued that a blanket ban on their products was unreasonable, arbitrary, and disproportionate and the use of plastic in paper cups was minimal.

The Supreme Court, upholding the ban, said, “Reinforced paper cups are indiscriminately used and thrown away, as a single-use product (often to drink a warm beverage) – requires no statistics.

“By composition itself, they are non-biodegradable, and there is immense difficulty in their recycling, as it requires appropriate collecting mechanisms, strict segregation, to name a few of the challenges, the apex court added.

The court further said, “Given that there is scientific basis for the ban, and it is the state government’s policy decision to ban numerous categories of single-use plastic products, in the public interest, there is little room or reason, for Supreme Court to interfere on the ground of merits of the ban.”

The contention that the ban is over-inclusive, and disproportionate, are not made out in relation to reinforced paper cups, the Supreme Court said.

The appellant’s right under Article 19(1)(g) has, without a doubt, been restricted; but in the larger interest of the general public to enjoy a pollution-free environment, the restriction was reasonable as per Article 19(6) of the Constitution of India, and is therefore, upheld.