GOVERNMENT POLICIES ON PLASTIC BAN IN MAHARASHTRA

1.1 Legal Methods

Submitted by
Devashree Badekar
UID: -UG22-34
B.A.LL.B.(Hons.) Five – year integrated degree course
SEMESTER-I
ACADEMIC SESSION: 2022-23

Submitted to
PROF.(DR.) HIMANSHU PANDEY
(PROFESSOR OF LAW)
PROF.ABHIRUP DAS
(ASSISTANT PROFESSOR OF LAW)
PROF.(DR.) ANCHIT VERMA
(ASSISTANT PROFESSOR OF LAW)

Maharashtra National Law University, Nagpur

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List of Statues
Maharashtra Non-Biodegradable Garbage(control) Act, 2006

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Sr. No. Title Page. No.

1. Cover Page 1

2. List of Statutes 2

3. Table of Contents 3

Chapter-I

4. 1.1 Introduction 4

5. 1.2 Aims & Objectives 4

6. 1.3 Research Questions 4

7. 1.4 Research methodology 5

Chapter-II

8. Items banned by the Gazette 6

9. Substitute items for Plastic 6

10. Monitoring the ban & fine 8

11. Illegal Production of Plastic 8

12. Impact of Plastic on Nature 9

13. Pros and Cons of Plastic 9

14. Conclusion 10

Table of Contents

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 Chapter-I
1.1 Introduction: -
Plastic has played a major role in conserving natural resource but later as the use of
plastic increased it has created a massive concern since a decade, especially single use plastic.
Since its creation in 1907, plastic and its products have significantly increased in popularity
across all known industries. Each day, the state of Maharashtra alone produces 22,570 metric
tonnes of plastic. Plastic is non-biodegradable and blocks sewers, drains, and rivers, which
was one of the main causes of flooding in Mumbai's low-lying districts. As they frequently
confuse plastic for food, animals, fish, and birds consume it, which results in a very slow and
painful demise. Plastic pollution of coral reefs and marine life is severe. On March 18, 2018,
the Maharashtra State Cabinet approved the Environment Department's plan to outlaw plastic
items by amending the Solid Waste Management Act 2016 and the Plastic Carry Act.

Plastic bag manufacturing consumes natural resources like oil and emits carbon dioxide into
the sky. One of the most commonly left-over pieces of litter in woods and on beaches, plastic bags
make up a sizable portion of our garbage in landfills. Since there are many plastic bags in the oceans
and seas, around 1 billion seabirds and animals perish every year when they mistake the bags for food.
Additionally, the decomposition of plastic bags might take up to a thousand years [1]. So with over 8
billion plastic bags used in the UK alone every year, plastic bags are a very significant threat to the
environment. Professionals working in conservation are aware of this threat.

1.2 Research Aims and Objectives: -

The main aim of this project is as follows: -
o To make people aware of the Policies of Maharashtra government on
plastic ban.
o To spread awareness about the adverse effects of plastic on the
environment.
o To promote plastic free environment for all living beings.

1.3 Research Questions: -

1) Which all plastics are banned? Why? And what substitutes of
plastics can be used?
2) Will this ban stop the illegal use of plastic in the state of
Maharashtra?

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 3) How will this act help to reduce the plastic waste and make the
environment free from plastic?
4) Will this regulation be followed seriously when most of the
population of Maharashtra is illiterate and BPL?
5) What is single use plastic?

1.4 Research Methodology: -

This project includes the study of THE GOVERRNMENT POLICIES ON
PLASTIC BAN IN MAHARASHTRA. Various sources have been used in
making of this project like journal, online websites, newspapers, articles,
research papers, rulings, etc. Also, some cases have been referred to get some
insights and to provide a proper concluding to the project.

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 Chapter-II

2.1 Items banned by the Gazette

The CPCB has deemed certain items to be illegal, including earbuds, balloon sticks, ice-
cream sticks, candy, and cutlery items like plates, cups, spoons, trays, knives, glasses, and
sweet boxes. Other items include invitation cards, cigarette packs, PVC banners measuring
under 100 microns, and polystyrene items used as decorations (Centre Pollution Control
Board).

The government banned polythene bags smaller than 75 microns in September 2021; the
prior restriction was 50 microns. Polythene bags smaller than 120 microns will also be
prohibited starting in December. According to the ministry representatives, the prohibition is
being implemented gradually so as to give time to the producers to switch to thicker, easy to
recycle polythene bags.

Products with a high potential of littering are those that are rapidly discarded after single
use. The majority of the things are throwaway things that are later found in the drainages. The
government authorities outlawed plastic because of the following: Blockages in drains. In
oceans, plastic garbage accumulates. It endangers aquatic life, escalating pollution, political
actions, initiative of the policy and the encouragement to use the biodegradable materials like
paper, cloth and jute.

Plastic items like Poly Ethylene Terephthalates (PET) bottles, High Density Polyethylene
(HDPE)-the rigid plastic which is used to make toys, milk jugs, oil bottles, tables etc. is
harmful for the environment.

Substitute items for Plastic:

Plastic is used in Food Packaging to pack items like cereals, crackers, snacks and many teas
and coffees come in plastic. Milk packets also use plastics. Metal cans are often lined with
plastic. Plastic is frequently used in personal care items, synthetic fabrics, baby wipes and
diapers, feminine hygiene items, wrapping paper, chewing gum, cigarette filters, glues, and
coffee cups.

Instead of these items, degradable items like Canvas bags, cotton bags, Glass bottle, Paper
wraps, wooden items, bamboo, mud and ceramic cutlery. Use of Bioplastics should also be

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increased. Few plastics items are exempted from this ban such as plastic used for packaging
of medicines, composting plastic bags or material used for plant nurseries, horticulture,
agriculture, handling of solid waste, Plastic cover or plastic to wrap material used at the
manufacturing stage or is an integral part of manufacturing. Food grade virgin plastic bags
not less than 50-micron thickness used for packaging of milk. Some of the options are listed
below: -

Stainless Steel- There have been more robust and simple-to-clean stainless-steel options for
reusable food and beverage storage in recent years. This strong metal can be utilized in place
of single-use goods like lunch boxes, kitchen storage, and mugs.

Glass- Glass is not biodegradable, yet it is inert, inexpensive, and always recyclable.
Furthermore, since many items come in glass packaging, using glass jars for food storage is a
free way to modernize your food packing. You may expand your arsenal of zero-waste
purchasing weapons by including jars of jam, honey, pickles, nut butters, and much more.
They can be reused to store leftovers and homemade beverages, embellished, and used to
make homemade gifts.

Platinum Silicone- Because sand makes up a large portion of food grade platinum silicone, it
is both robust and flexible. Furthermore, it can resist high temperatures, allowing you to bake,
cook, and boil without fear of denaturing. Choose silicone products without plastic binders.

Beeswax-coated cloth- Beeswax-coated cloth is a well-liked substitute for plastic wrap and
board plastic bags since it is easy to use and simple to clean. And it has a great aroma.

Natural Fibre Cloth- Natural cloth can be used in place of plastic bags. Sustainable clothing
consisting of hemp, bamboo, organic cotton, or wool won't lint up with plastic fibers when it
is cleaned. Fitted or recycled wool is a versatile, safe, and compostable material for children's
toys, household containers, and more.

Wood- Wood from sustainably managed forests can take the role of plastic in everyday home
items like cleaning brushes, kitchen utensils, and cutting boards because it is a renewable
resource.

Bamboo- Plastic can be replaced by this quickly expanding renewable resource in products
like dinnerware and drinking straws. It is biodegradable, strong, and lightweight.

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Potter and other Ceramics- Pottery and other fired ceramics, which have been used for
millennia as dinnerware and a stable, waterproof alternative, are available. Look for glazes
that are safe.

Paper- Many items used to come packaged on plain paper in the past. Paper can't be recycled
endlessly because every time it is used again, the fibres get shorter, limiting its utility, even
though it is better than plastic. Fortunately, you can safely compost any paper in your home,
with the exception of glossy paper.

Cardboard- If the cardboard is not covered in plastic, you guessed it: it can be completely
composted at home. To save waste, several businesses are increasingly packing their goods in
plain cardboard. Additionally, you can use cardboard boxes in your home in place of storage
bins.

Monitoring the ban & fine:

The ban is being monitored by the officials of Maharashtra Pollution Control Board
(MPCB), the district and local administers. According to the notification of the Maharashtra
government the violators will be fined Rs. 5000/- for the first time, Rs 10,000/- for the second
time and Rs 25,000/- & an imprisonment of 3 months for the third time. While the ban is
been imposed in Maharashtra, the visitors from other states are also supposed to take care
while disposing plastics.

Illegal production of plastic:

The government must be extremely harsh with manufacturers that break the law. To
retain data on producers, retailers, wholesalers, and distributors, the government should use
digital technology. Organizations who disregard the law should be subject to a heavy penalty.
In order to ensure that the chosen officer has a clean record, a new department might be
established. Once corruption has gotten started, it may be exceedingly hard to stop it.

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Impact of plastic on Nature:
8–9% of all solid waste is, on average, made up of plastic. We will be able to lower
our overall solid waste if this legislation is successfully implemented. In order to prevent
water from accumulating due to obstruction in drains, the drains that are intended for a
specific amount of rainfall will release the water that has been deposited on the ground. All
living things, including people, animals, plants, and birds, will benefit from having a healthy
environment thanks to this. As plastic takes more than 400 years to degrade, it will help
lessen the air's hazardous levels of benzene and vinyl hcl and prevent the soil from further
degrading.

Maharashtra provides a significant market for the agriculture sector, where the
majority of the population lives in poverty. Many of the small towns in rural areas are
unaware of the state's plastic prohibition. The government has only created it on paper;
however, nothing has been done in practise. To educate the rural populace about the reforms,
government should run campaigns in each village. Local TV stations (Marathi channels)
ought to provide a more thorough explanation of the impacts of plastic so that people would
accept the legislation with responsibility.

Pros and Cons of Plastic

Directly, prohibiting single-use plastic bags would reduce the use of resources and
harmful effects on the environment that come with their production. It will lessen or possibly
get rid of a significant kerbside recycling pollutant. The quantity of bags ending up in
landfills was reportedly reduced by 36% after the ACT banned these bags in 2011.

The ACT government did observe a rise in sales of plastic bags made especially for rubbish,
though. These are frequently single-use shopping bags' size equivalents, but they weigh more
and contain more plastic.

Sales of heavier plastic garbage bags increased significantly as a result of Ireland's levy on
plastic shopping bags, which was enacted in 2002. These bags are frequently coloured in a
variety of ways, which represents an additional resource and potential environmental hazard.

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Conclusion: -

Public conversations on the negative effects of plastics have attracted attention and
changed political attitudes in favour of plastic management. Regarding who is accountable
for the plastic problem, there is disagreement, and parties compete to shape narratives in this
politics of accountability, frequently resulting to a hardening of attitudes that obstruct
communication. In order to understand these processes in India, the notions of Eco
communicability and schismogenesis are helpful.

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