Plastic case order Review Application No.89 of 2019   S.VAIDYANATHAN,J. AND P.T.ASHA,J.             A Status Report has been filed by the 4th Respondent viz. the Commissioner of Food Safety and Drug Administration Department, Chennai, who has been impleaded on an earlier. Aag ravinthiren filed report

Review Application No.89 of 2019

S.VAIDYANATHAN,J.

AND

P.T.ASHA,J.

          A Status Report has been filed by the 4^th Respondent viz. the Commissioner of Food Safety and Drug Administration Department, Chennai, who has been impleaded on an earlier occasion.  A detailed Report has been filed on how drinking water is prepared and packed. The Report also states as to how the Bureau of Indian Standards has prescribed the procedures for cleaning the re-usable jars as also the life span of water cans.  The Report also states that the shelf life of water in water cans is less than 30 days.  The Report also sets out the mechanism, which is followed for destruction of water cans.  The Report gives the details of the plastic materials which come into contact with the food products as per the Food Safety Standard Regulation (Packaging) Regulation, 2018.

2. The Report reiterates that, the Government of Tamil Nadu has banned the one time use and throw plastics w.e.f. 01.01.2019 and the steps taken by the Department to enforce the ban. The Report gives five alternatives to plastic water cans.  This message should be percolated by the Department concerned to the general public by taking steps to educate the masses to opt for the following alternatives:

(a) Glass Bottles

(b) Reusable Bottles

(c) Biodegradable Disposable Water Bottles

(d) Boxed Water

(e) Water Vending Machine

Even in the Report, while giving options, the 4^th Respondent has stated that, it takes 450 years for a single plastic bottle to decompose.

3. The Managing Director of Tamil Nadu Co-operative Milk Producers Federation Ltd. (AAVIN), Chennai has also given a Status Report based upon the query raised by the Bench on the last occasion as to whether sachets can be substituted by bottles/Tetra packs. The Report would ultimately state as follows:

“10. It is submitted that, the TCMPF Ltd. is exploring the possibilities to introduce new milk variant with the alternative Milk Packing materials like Glass Bottles on a pilot basis.  Based on the response from the public for this premium packing material with premium rate, it can be extended in a phased manner.”

4. Therefore, it appears that the intent of AAVIN is to start a scheme of substituting sachets with alternative packing materials in a phased-out manner.  The learned Additional Advocate General would clarify that, this is still in a very nascent stage and more or less at the discussion stage.
5. Learned Standing Counsel appearing for the 2^nd Respondent sought a week’s time to submit the Status Report, though a draft of it was placed before this Court.
6. Learned counsel for the Petitioner would submit that, the Petitioner before this Court is not a one-time plastic user, but his industry has been closed.  The learned Additional Advocate General seeks time to revert upon this.
7. In the course of his arguments, Mr.J.Ravindran, learned Additional Advocate General has suggested that, since this Bench is committed to ensuring a plastic-free environment, the High Court precincts can also be chosen as one such area, where there shall be a total ban of plastics.
8. In order to lead by example and to ensure implementation of the same, it is necessary to first educate the persons who use this precincts viz. Lawyers and Staff about the harm that, one-time use plastics would cause to the environment.

(a) In this regard, the Bar Council and Bar Associations shall take steps to spread this message to the aforesaid persons.  Thereafter, steps shall be taken to declare the precincts of the Principal Seat of the Madras High Court and Madurai Bench of this Court as a plastic-free zone.

(b) The endeavor of the Government to ban plastics would be possible only if every single Village in the State carry out the periodic directions issued by the Government, which means that all the local bodies, Municipalities, District Collectors, etc should collectively implement the directions of the Government in this regard.  A direction is therefore issued to all the aforesaid Officials to implement in letter and spirit, the directions that the Government would periodically issue to achieve a plastic-free Society.

(c) Directions to be issued by the Government periodically with regard to ban of plastics and substitution of alternatives to plastics, shall be widely published both in Tamil and English Dailies.

9. Considering the enormity of the exercise, the learned Additional Advocate General has requested the Court to enable him to avail the services of Government Pleaders viz. Dr.T.Seenivasan, Mrs.M.Sneha and Mr.A.Selvendran to assist him in conveying the directions of this Court to the Officials and ensure that, they are implemented and also to get periodic Reports from them, so that, the same may be tabled before this Court.  Further, the learned Additional Advocate General requested time to file a Report in this regard.
10. List this matter for further hearing on 22.09.2022 at 2.15 p.m.

(S.V.N.,J.)      (P.T.A.,J.)

                                                                                          29.08.2022

Index                     :          Yes/No

Speaking Order          :          Yes/No

(aeb)