HC quashes ban on compostable plastic carry bags
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The Kerala High Court has quashed the federal government order banning the manufacture, stocking, and sale of compostable plastic carry bags by bringing it beneath the purview of prohibited single-use/one-time-use plastic bags.
The court docket, nonetheless, made it clear that the federal government may take an acceptable coverage resolution on the ban of compostable plastic carry bags after gathering enough information/materials to help such a call.
The court docket handed the decision whereas permitting a batch of writ petitions filed by producers and distributors of compostable plastic carry bags in opposition to the federal government ban. They contended that the order infringed on their elementary proper beneath Article 19 (1)(g) of the Constitution to carry on their commerce and enterprise.
The authorities stand was that it took the choice primarily based on a report of a technical process pressure which advised that there was a rising variety of situations the place carry bags made out of non-compostable plastic have been being handed off as compostable ones.
The court docket noticed that the federal government resolution essentially needed to be primarily based on dependable materials within the type of empirical information that will clearly counsel the detection of pretend composite carry bags coming into the markets.
Only in such an occasion would the federal government have the ability to justify the curtailment of a elementary proper to commerce or deal in a reliable and non-polluting different to single-use plastic carry bags. Admittedly, the State authorities didn’t have any such materials. It couldn’t act “on mere conjectures and surmises, unsubstantiated by empirical evidence,” the court docket added.
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