NGT seeks reply over violation of plastic waste rules by tobacco manufacturers

The National Green Tribunal (NGT) has sought responses from the Delhi Pollution Control Committee and other authorities over their alleged failure to enforce the Plastic Waste Management Rules-2016, particularly against manufacturers of pan masala and various tobacco products.

A Bench comprising NGT Chairperson Justice Prakash Shrivastava and expert member A Senthil Vel issued notices, while hearing an original application that called for strict action against manufacturers flouting environmental laws.

The petition pointed out blatant non-compliance with key rules that are aimed at curbing the use of plastic in packaging harmful products.

During the hearing, the counsel for the applicant drew the Bench’s attention to a directive issued by the Central Pollution Control Board (CPCB) on October 22, 2021.

The CPCB, invoking powers under Section 5 of the Environment (Protection) Act, 1986, had ordered 25 manufacturers to shut down operations immediately unless they switched to eco-friendly alternatives. The order had also directed these industries to submit a time-bound action plan for making the transition.

The applicant argued that despite the passage of nearly four years, there has been no compliance. “The manufacturers continue to operate without adopting safer alternatives,” submitted the counsel, adding that the failure to act has rendered the CPCB directive ineffective on the ground.

Citing Rules 4(f) and 4(i) of the Plastic Waste Management Rules, 2016, the applicant further pointed out that sachets made of plastic must not be used for storing or selling gutkha, pan masala and tobacco products.

Additionally, the use of plastic materials in any form, including specific polymers like Vinyl Acetate-Maleic Acid-Vinyl Chloride Copolymer, is banned for packaging such products.

The petition also accused the manufacturers of failing to comply with the Extended Producer Responsibility (EPR) obligations, another key mechanism under the plastic rules that are meant to hold companies accountable for the plastic waste they generate.

Taking note of the submissions, the tribunal directed the authorities concerned to file their replies and listed the matter for further hearing on September 26.