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Ban On Single-Use Plastic Items

The Plastic Waste Management (Amendment) Rules, 2021 (“New Rules”) which define  “single-use plastic commodity” as “a plastic item intended to be used once for the same  purpose before being disposed of or recycled’, were notified by the were issued by the  Ministry of Environment, Forest & Climate Change (“MoEF”) on August 12, 2021.  The New Rules were scheduled to come into effect from July 01, 2022 banning the  production, import, stocking, distribution, sale, and use of specified SUP items including  polystyrene and expanded polystyrene. Earlier Rules were passed in 2016 and 2018.   Single use plastics1 (SUPs), as the name suggests, are those plastics which are discarded  after use or after their intended use is over. According to an estimate of the Federation of  Indian Chambers of Commerce and Industry (FICCI), almost half of all plastic used in India  in 2017 (around 160 lakh tonnes in total) was single-use plastic. A majority of these plastics  find their way into landfills and oceans and either cannot be, or are not, recycled. Reckless  production and consumption coupled with poor waste disposal and processing systems  prompted the Government of India to take critical step of banning SUP items in India. As  per statistics given in a UN report2, by 2050, around 12 billion tonnes of plastic waste would be accumulated if the practices are not regulated.   A Notice3was issued by the Central Pollution Control Board (“CPCB”) on February 4, 2022  to inform the various users/suppliers of SUP items, including the general public, about the  ban being effective from July 01, 2022.   The New Rules lists out a certain SUP items which have been banned due to their low  utility and high likelihood of littering. The CPCB and State Pollution Control Boards(“SPCBs”) have been assigned the responsibility to facilitate the implementation of New Rules. 
1 “plastic” means material which contains as an essential ingredient a high polymer such as polyethylene terephthalate, high density polyethylene, Vinyl, low density  polyethylene, polypropylene, polystyrene resins, multi-materials like acrylonitrile butadiene styrene, polyphenylene oxide, polycarbonate, Polybutylene terephthalate; 2 UNEP (2018). SINGLE-USE PLASTICS: A Roadmap for Sustainability  3 Notice for Prohibiting Production, Stocking, Distribution, Sale & Use of Single Use Plastic (SUP) Items, No. B-17011/7/PWM/2022 (February 4, 2022)

The important aspects of New Rules are listed below:  

  1. Items that have been banned are: ear buds with plastic sticks; plastic sticks for  balloons; plastic flags; candy sticks; ice-cream sticks; polystyrene i.e., thermocol for  decoration; plates, cups, glasses, cutlery such as forks, spoons, knives, straw, trays;  wrapping or packing films around sweet boxes; invitation cards; cigarette packets;  plastic or PVC banners less than ten (10) microns; and stirrers. 
  2. As regards the thickness criteria, the erstwhile requirement of fifty (50) microns of  thickness had been substituted with seventy five (75) microns w.e.f. September 30,  2021 which is revised as one hundred twenty (120) microns w.e.f. December 31,  2022.  
  3. While the use of compostable plastic has not been prohibited, non-woven plastic  carry bags will be mandatorily required to be a minimum of 60 Gram Per Square  Meter (GSM).  

Non-compliance of the New Rules is provided to be dealt with in the manner as provided  for in the Environment Protection Act, 1986 i.e., imprisonment of five (5) years, or a penalty  up to Rs. 100,000, or both and in case of repeated non-compliance, a penalty of Rs. 5,000  for each day of such violation is to be levied. 

Challenges & Criticism 

Stakeholders of the SUP community had expressed their concerns about the way the  phasing out of such items was directed. Demands4 like revised deadlines for clearing up  existing stock, provision for relief packages or rehabilitation were made. Statistics, as  presented by the All India Plastic Manufacturers Association (AIPMA), hint at potential job  losses and crores of loan defaults.

Thus far, States in India have shown a mixed bag of responses. State of Tamil Nadu, for  instance, had launched the “Meendum Manjappai”5 campaign back in 2021 following its  own ban in 2019 of 14 specific SUP items. This campaign is in full swing and requires  people to carry their own cotton bags while stepping out to run errands. Tiruchy6 has been  doing its bit by encouraging the use of banana and areca leaves, wooden sticks, cotton  bags, etc. State of Tamil Nadu is also using this as an opportunity to facilitate entrepreneurship.  

Still this change is likely to take some time to gain momentum. Dehradun7, in the State of  Uttarakhand, finds its vendors in a dilemma. Challenges like finding economical and environment-friendly alternatives and continuous usage of SUP items in the name of stock  clearance have been reported. In the State of Kerala,8 traders seem to have similar concerns.  

Anhad Law’s Perspective

Introduction of New Rules is another notable attempt, by the MoEF, to regulate the usage  of plastic which is in continuation of Guidelines9 on Extended Producers Responsibility (“EPR”) on plastic packaging which set out the roles and responsibilities of the producers,  importers, brand owners, CPCB, SPCBs, recyclers, and waste processors in the  management of plastic waste and general implementation of EPR.   While New Rules are a welcome step, it all comes down to the availability of economical  alternatives and people’s willingness to adapt.   Bangladesh,10 for instance, although was the first country in the world to have banned  polythene last year, was found to have 592.223 metric tons of polythene in use, with a  sharp rise in the number of polybag factories, too.   China11 introduced a ban in 2020, but to this day, there remain concerns with regards to a  mismatch between the demand and supply of biodegradable plastics, lack of awareness  about the ban, and continuity in the usage of plastics by small shops/stores/stalls owing to  the higher prices of alternatives.   Considering that the Government had notified the ban well in advance, it expects all the  stakeholders to act in the larger interest of environment. While it is yet to be seen whether  New Rules are strictly implemented by CPCBs and SPCBs or they end up being an  achievement on paper. The only possible way forward for India, its inhabitants and/or its  visitors is to ensure that they voluntarily discard use of SUP items and adopt for greener and environment friendly ways of life. The corporates at the same time need to find economical and environment friendly items, if not already done so, which are a true  alternative to SUP items.  –Manishi Pathak, Founding Partner & Ranjan Jha, Partner  
Introduction of New Rules is another notable attempt, by the MoEF, to regulate the usage  of plastic which is in continuation of Guidelines9 on Extended Producers Responsibility (“EPR”) on plastic packaging which set out the roles and responsibilities of the producers,  importers, brand owners, CPCB, SPCBs, recyclers, and waste processors in the  management of plastic waste and general implementation of EPR. While New Rules are a welcome step, it all comes down to the availability of economical alternatives and people’s willingness to adapt. Bangladesh,10 for instance, although was the first country in the world to have banned polythene last year, was found to have 592.223 metric tons of polythene in use, with a  sharp rise in the number of polybag factories, too.  China11 introduced a ban in 2020, but to this day, there remain concerns with regards to a  mismatch between the demand and supply of biodegradable plastics, lack of awareness  about the ban, and continuity in the usage of plastics by small shops/stores/stalls owing to the higher prices of alternatives.   Considering that the Government had notified the ban well in advance, it expects all the  stakeholders to act in the larger interest of environment. While it is yet to be seen whether  New Rules are strictly implemented by CPCBs and SPCBs or they end up being an  achievement on paper. The only possible way forward for India, its inhabitants and /or its  visitors is to ensure that they voluntarily discard use of SUP items and adopt for greener  and environment friendly ways of life. The corporates at the same time need to find  economical and environment friendly items, if not already done so, which are a true  alternative to SUP items.  –Manishi Pathak, Founding Partner & Ranjan Jha, Partner  

4 Devika Singh, Plastic makers left in the lurch after government bans single-use plastic, Money control (Jul. 5, 2022, 2:52 PM),  https://www.moneycontrol.com/news/business/companies/plastic-makers-left-in-the-lurch-after-government-bans-single-use-plastic-8781201.html

5 How prepared are states for ban on single-use plastics?, Deccan Herald (Jun. 19, 2022, 11:45 IST), https://www.deccanherald.com/national/how-prepared-are-states for-ban-on-single-use-plastics-1119449.html 

6 Palanivel Rajan C, ‘Can’t abandon single-use plastics until we get affordable alternatives’, say Tiruchy vendors, The New Indian Express (Jul. 17, 2022, 2:56 AM), https://www.newindianexpress.com/states/tamil-nadu/2022/jul/07/cant-abandon-single-use-plastics-until-we-get-affordable-alternatives-say-tiruchy-vendors 2473694.html 

7 Tanmayee Tyagi, Despite ban, vendors using single-use plastic in Dehradun, The Times of India (Jul. 13, 2022, 7:38 IST),  https://timesofindia.indiatimes.com/city/dehradun/despite-ban-vendors-using-single-use-plastic-in-dehradun/articleshow/92839977.cms 

8 Shainu Mohan, WasSUP? A rundown on Kerala’s battle against single-use plastic, The New Indian Express (Jul. 13, 2022, 6:38 AM),  https://www.newindianexpress.com/cities/kochi/2022/jul/13/wassup–a-rundown-on-keralas-battle-against-single-use-plastic-2475810.html 

9 Ministry of Environment, Forest & Climate Change, No. G.S.R. 133(E) (February 16, 2022) 

10 SM NajmusSakib, Bangladesh’s polybag ban falls flat in stopping production, use, AA (Jul. 02, 2021), https://www.aa.com.tr/en/asia-pacific/bangladesh-s-polybag ban-falls-flat-in-stopping-production-use/2292293

Disclaimer: The contents of the above publication are based on understanding of applicable laws and updates in law, within the knowledge of authors. Readers should take steps to ascertain the current  developments given the everyday changes that may be occurring in India on internationally on the subject covered hereinabove. These are personal views of authors and do not constitute a legal  opinion, analysis or interpretation. This is an initiative to share developments in the world of law or as may be relevant for a reader. No reader should act on the basis of any statement made above  without seeking professional and up-to-date legal advice. Given the order, notifications, etc., issued by several State or Central governments, from time to time, due to change in the COVID-19 cases, it  is advisable to check the current status and not solely rely on the contents of a publication as a current status in a matter, unless mentioned otherwise.

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Manishi Pathak

  • Designation: Founding Partner
  • Education: M.Sc (1989) L.L.B. (1992)
  • Email: manishi@anhadlaw.com
  • Location: New Delhi, Ahmedabad
ANHAD LAW MANISHI PATHAK

Expertise

Anti-Bribery & Anti-Corruption | Dispute Resolution | Environmental, Social and Governance (ESG) | Employment & Labour | Corporate, Commercial and Regulatory | Government Relations | Mergers & Acquisitions

Manishi Pathak is the Founder and Managing Partner of ANHAD LAW.

Manishi has experience of over three decades. His areas of practice include dispute resolutions, labour and employment, corporate investigations, compliance audit and investigation into non-compliance of anti-bribery and anti-corruption laws, besides advisory and transactional supports on matters involving other corporate and commercial laws.

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Manishi is also known for his expertise in the area of mergers and acquisitions/ joint ventures, corporate restructuring and re-organizations besides his government relations work. 

He has been appreciated by clients for his hands-on approach and for providing solution-oriented sound legal advice which is commercially and practically tenable. He is also known for offering unique blend of analytical thinking and business strategy, while structuring, negotiating and closing complex commercial transactions and resolution of disputes including mediation and arbitration.

Manishi also has vast experience of delivering advisory support in areas of law, including but not limited to contentious commercial disputes, regulatory compliances (involving exchange control regulations in addition to other regulatory matters), compliance advisory under various corporate and commercial laws, rules etc. (under applicable Central and/or State). 

Manishi’s primary area of interest and specialization besides dispute resolution and government relations is Labour and Employment laws. He enjoys a distinguished status and standing in the sphere of Labour and Employment law practice. He is widely recognized as a ‘top ranked specialist’ in this area of practice owing to his deep knowledge and vast experience of dealing with range of matters in the domain of labour and employment laws practice including court litigation and appellate work. 

Manishi has retained most top accolades on offer by leading global legal ranking bodies such as Chambers & Partners, Legal 500 etc., in the field of Labour and Employment laws in India. For over last decade, Manishi and he been retained title of ‘Top Ranked’ ‘Leading Practitioner’, ‘Specialist’, owing to established expertise and in-depth knowledge he possesses in the sphere of Labour and Employment laws practice in India. 

Manishi is considered to be one of the first legal professionals who identified the scope, ambit and applicability of various central and state specific labour and employment legislations in India, while making foreign and Indian multinational corporations having business presence in India recognize the importance of compliance to various labour and employment laws related legislations in India. 

Undisputedly, in the context of Indian scenario, Manishi is regarded as the legal professional who played a pivotal role that lead to recognition and acceptance of ‘labour and employment’ laws as a prominent and established area of practice, amongst other practice areas. 

As the practice head, Manishi is actively involved in advising on a wide range of labour laws related queries, preparation and standardization of employment agreements and other agreements such as non-compete and non-solicitation agreement, non-disclosure and confidentiality agreements, HR policies/handbooks/manuals etc., including structuring of ESOPs, closure of businesses, termination/transfer of employees, other termination related issues, trade union related disputes, social security and/or insurance claims, etc. The Firm predominantly represents companies/corporations and their management on employment related projects and litigation.

Manishi also leads members of the firm on matters involving employment audits, whistle-blower investigations, closure of establishments, transfer of business and undertakings, sexual harassment complaints, employer and employee rights and matters involving trade unions. He is also known for his involvement in investigations and/or enquiries concerning employees including in matters of misconduct by employees and/or associated parties. 

Prior to founding Anhad Law, Manishi has been the Partner of other renowned law firms of India.

Manishi has considerable experience of representing clients belonging to manufacturing as well as services business, across varied sectors including but not limited to automobiles, aviation, banking, chemicals, commerce, electronics, FMCG, information technology, paper, packaging, pharmaceuticals, ports, real estate, retail and telecommunications, amongst others.

Chambers and Partners lists Manishi in Band 1 for Employment Law and he has been recognised as a leading employment law specialist in India since 2013. They have provided the following comments as well: Manishi Pathak commands ‘great respect in the employment market,’ clients valuing him especially as a ‘very experienced partner who brings a lot of insight to particularly complex employment issues.’ He offers significant expertise in the handling of the employment aspects of M&A transactions and in advising international clients on ensuring that their operations comply with Indian employment laws.  Chambers and Partners ranked Manishi as a New Delhi based recognized practitioner in the area of Corporate/M&A for the years 2014 and 2015. He has been ‘Top Ranked’ for 2022 by Chambers and Partners (Asia-Pacific).   Chambers Global ranked him as a New Delhi based recognized practitioner in the area of Corporate/M&A for the year 2014 and 2015.  Asia Law Profiles 2022 has ranked him as an “Elite Practitioner’ for Labour & Employment Law in India. He was also earlier listed by Asia Law Profiles in 2017, 2019 and 2020.  He has been listed in the Who’s Who Legal of Indian practitioners in the field of Labour & Employment law since 2009.  Legal 500 has further recognised him amongst India’s leading lawyers for the last several years including 2021. 

He has authored several publications on Indian Labour & Employment law for Kluwer Law and Law Business Research and he writes and speaks regularly on a range of subjects, including foreign investment in India and Labour and Employment law. 

Some of his prominent publications include “Restrictive Covenants” (India Chapter) by Kluwer Law Publication; “Hiring and retaining Talent” (India Chapter) by Kluwer Law Publication; “Getting The Deal Through (Labour & Employment)”, India Chapter by Law Business Research; Labour and Employment Compliance in India, 9 editions, published by Kluwer Law since 2008 including of 2021. 

He has also authored “India Chapter on Employment Law in the Employment Law Review” by Law Business Research since 2010 -15. Manishi also contributed to National Law School Publication (Business Law Review) “An overview of contract labour related laws in India”. He has also contributed to the World Bank Group‘s publication Employing Workers 2021. 

Manishi is a member and was an officer of the Employment and Industrial Relations Law Committee of the International Bar Association (IBA). He is also a member of the Delhi High Court Bar Association and Inter Pacific Bar Association (IPBA).

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  5. In the event you are accessing the Website on a shared computer/ mobile device, we would strongly recommend that you clear your recent browsing history, cookies and cache from your internet browser and re-access the Website so that you may review our disclaimer and accept the Terms of Use. Anhad Law disclaims all liability in the event of non-compliance on part of the user in this regard.
  6. The Content available on the Website is intended to be a general information resource and is provided solely on an “AS IS” and “AS AVAILABLE” basis. Information provided on the Website is believed to be reliable when posted, but there is no guarantee that it is accurate or complete or current at all times. The Website is a resource for informational purposes only and is intended, but not promised or guaranteed, to be correct, complete, and up-to-date. Anhad Law does not warrant that the information contained on this Website is accurate or complete, and hereby disclaims any and all liability to the User or any other person for any loss or damage caused by errors or omissions, regardless of whether such errors or omissions result from negligence, accident or any other cause. Further, Anhad Law assumes no liability for the interpretation and/or use of the information contained on this Website, nor does it offer a warranty of any kind, either expressly or impliedly. You are encouraged to confirm the information contained herein. You should not construe Anhad Law publication of the Content as a warranty or guarantee of the quality or availability of any services or the accuracy, completeness or reliability of the Content or any part thereof.
  7. The Website may contain links to websites operated by other parties. Anhad Law provides these links to other websites as a convenience, and use or access of these sites is at solely your own risk. The linked sites are not under the control of Anhad Law, and Anhad Law is not responsible for the content available on such sites. Such links do not imply Anhad Law’s endorsement of information or material on any other site and Anhad Law disclaims all liability with regard to your access to and use of such linked Websites and the consequences of such access or use. Anhad Law does not intend that the links from this Website to other internet websites, be considered referrals to, endorsements of, or affiliations with the linked entities. Anhad Law is not responsible for, and makes no representations or warranties (i) the contents of the websites to which links may be provided from this Website, or (ii) other such websites or links may be active or always available. You must review and agree to the terms and conditions of these sites before using these sites.
  8. Maps are published by Google and sourced under an open license. The boundaries and names shown and the designations used do not necessarily imply the expression of opinion on the part of Anhad Law or its personnel in respect of the legal status of any geographic region, frontier, or boundaries.
  9. You must not link to Anhad Law’s Website without a written agreement between you and Anhad Law authorizing you to do so.
  10. Unauthorized use of any Anhad Law trademark, service mark or logo are prohibited, and may be a violation of applicable trademark laws.
  11. The website and all content on the website are provided to you on an “AS IS” and “AS AVAILABLE” basis without making warranty of any kind either express or implied, representations, endorsements or conditions with respect to the Website or the information, including but not limited to any implied warranties as to usefulness, completeness, accuracy, correctness, reliability fitness for a particular purpose, and non-infringement. Anhad Law makes no warranty as to the accuracy, completeness or reliability of any Content available through the website. You are responsible for verifying any Content or information before relying on it. Use of the Website and the Content available on the Website is at your sole risk.
  12. Anhad Law makes no representations or warranties that the Website will be available or will meet the user(s) requirements, that access/use of the website will be uninterrupted, that there will be no delays, failures, errors or omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to user’s computer system. You have the sole responsibility for adequate protection and backup of data and/or equipment and to take reasonable and appropriate precautions to scan for computer viruses or other destructive properties.
  13. The User understands that the Website is used by him/her solely at his/her own risk, cost and liability. To the maximum extent permitted by applicable law, Anhad Law disclaims all liability, whether based in contract, tort (including negligence), strict liability or otherwise, and further disclaims the user or anyone else for any loss, damages or other amounts whatsoever (including but not limited to direct, indirect, incidental, special, consequential, exemplary or punitive damages) arising out of or in connection with user’s use of or inability to use the Website or the information contained therein/Content , or any action or decision made by user in reliance on the Website or the information contained therein, or any unauthorized use or reproduction of the Website or the information therein, even if Anhad Law has been advised of the possibility of such damages.
  14. You agree to indemnify, defend and hold Anhad Law, its subsidiaries, and affiliates, and their respective officers, agents, members, partners, associates, directors, consultants and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, due to or arising out of your use of the Website and/or breach of these Terms of Use.
  15. Copyright © 2021 Anhad Law, All rights reserved – The Website is protected by applicable copyright laws. Except for your use as authorized above, you may not modify, reproduce or distribute the content, design or layout of the Website, or individual sections of the content, design or layout of the Website, without Anhad Law’s express prior written permission.
  16. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to us via our contact form:
  17. (i) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is claimed to be infringed; (ii) A description of the copyrighted work or other intellectual property that you claim has been infringed; (iii) A description of where the material that you claim is infringing is located on the Site (providing URL(s) in the body of the communication is the best way to help Anhad Law locate content quickly); (iv) Your name, address, telephone number and e-mail address; A signed statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (v) A statement by you, made under penalty of perjury, that the information provided in your Notice is accurate and that you are the copyright or intellectual property owner or licensee or authorized to act on the copyright or intellectual property owner’s or licensee’s behalf. You can write to us at:Email ID: delhi@anhadlaw.com
  18. Anhad Law may, in its sole discretion, disable and/or terminate use of or access to the Website by users who infringe the intellectual property of others or of Anhad Law. The user agrees that Anhad Law with or without any reason, may immediately terminate his/her access to the Website without prior notice. Without limiting the foregoing, Anhad Law may terminate or temporarily suspend his/her access to the Website if he/she (a) breaches or violates these Terms, (b) there is a request by law enforcement or other government agencies, or (c) in case of unexpected technical issues or problems.
  19. Users agree that all terminations of access to the Website shall be made at the sole discretion of Anhad Law, and that Anhad Law shall not be liable in any manner whatsoever to either him/ her or any third-party for any termination of access to this Website.
  20. By agreeing to these terms, you acknowledge that Anhad Law may collect, use and disclose your information as described in our Privacy Policy, also available on the Website.
  21. If any provision of these Terms of Use is held to be illegal, invalid or unenforceable, such provision shall be disregarded and the remaining provisions shall remain in full force.
  22. Anhad Law’s failure to act or delay in acting with respect to any failure by you or others to comply with these Terms of Use does not waive or limit its right to act with respect to that, subsequent or similar failures.
  23. Terms of Use set forth the entire understanding and agreement between you and Anhad Law with respect to the subject matter hereof.
  24. Any cause of action or claim you may have with respect to these Terms of Use or the Website must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action shall be barred.
  25. You may not assign or transfer your rights or obligations under these Terms of Use without the prior written consent of Anhad Law, and any purported assignment or transfer in violation of this provision shall be null and void.
  26. Anhad Law causes the control and maintenance of this Website from India. Anhad Law makes no representations that the information and material contained in this Website are appropriate or permitted for use in jurisdictions outside India.
  27. These Terms of Use are governed by the laws of India without giving effect to any principles of conflicts of laws.
  28. The usage of the Website by the user is subject to the exclusive jurisdiction of the courts located in Delhi without prejudice to the right of Anhad Law to take action in any jurisdiction whatsoever.
  29. Anhad Law reserves the right to investigate complaints or reported violations of these Terms and to take any action we deem necessary and appropriate. Such action may include but not be limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties. In addition, Anhad Law may take action to disclose any information necessary or appropriate to such persons or entities relating to user’s profiles, e-mail addresses, usage history, IP addresses and traffic information.
  30. Anhad Law reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use and/or the rules and regulations set forth on the Website, including without limitation the right to block access from a particular internet address.
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