The Last Straw: Battling Plastic Pollution

I still vividly remember travelling to Italy in 2020, just before the world was hit by the pandemic, as a keynote speaker for a conference in Bulgaria on ‘Reducing Plastic in Packaging.’ I was quite amazed by the progress made by India in comparison to other countries around the world in reducing the use of plastics. This made me realise that there is still hope left for us. 

While plastic was invented by accident, it has transformed everyday life and today, we are literally drowning in it. The time is not far, when 10-12 years down the line, we might even see another pandemic just because microplastics have found their way into our bloodstream. 

This World Environment Day 2023, the United Nations in a global attempt to bring together the planet to tackle the menace of plastic pollution has started a campaign - #beattheplasticpollution. 

In an attempt to highlight the various ways to combat plastic pollution, UNEP on 16th May 2023 released its report ‘Turning off the tap: How the world can end plastic pollution and create a circular economy’. The report recommends that in order to slash plastic pollution by 80 per cent globally, three market shifts- reuse, recycle, reorient and diversifying products is required by 2040. 

As per OECD’s Global Plastic Outlook Report of 2022, only 9 per cent of plastic waste is recycled globally. India, today, alone has a per capita plastic consumption of 11 kg alone compared to the global average of plastic per capita consumption of 28 kg, as per a report on plastic waste management by the Indian Housing and Urban Affairs Ministry.

The plastic processing industry is a burgeoning sector with an annual revenue of about Rs. 2.25 lakh crores employing over 50 lakh people. With the increase of e-commerce and parcel delivery services, an increase in the volume of plastics used in packaging has been witnessed. Delhi alone generates 587 tonnes per day of single-use plastic, as per data from Delhi Pollution Control Committee (DPCC).

Scanning through Plastic laws in India 

The Plastic Waste (Management and Handling) Rules, 2011had set up a regulatory framework for the manufacture, usage and recycling of plastic bags to ensure effective management of plastic waste. Plastic waste as per the rules meant any plastic product such as carry bags, pouches, etc. which have been discarded after use or end-of-life. The rules were made applicable to all manufacturers, stockists, distributors, retailers and users of plastic products. Further, to ensure that a price is paid for the use of plastic, Rule 10 stated that no retailer can provide free plastic bags. 

Under these rules, detailed conditions for plastic carry bags were specified. It stated that each State Pollution Control Board shall prepare and submit the annual report to the Central Pollution Control Board by 30th September each year.  The Central Pollution Control Board shall further prepare a consolidated annual report and submit it to the Central Government by 30th December each year.

Plastic Waste Management Rules, 2016 

A.    provided a regulatory framework for the management of plastic waste generated in the country.
B.    Plastic Waste Management Rules, 2016, superseded the 2011 rules- The 2011 rules applied to municipal areas, the 2016 rules applied to every waste generator and local body also. 
C.    It had an extended producer responsibility- producers engaged in manufacture, or import of carry bags, multi-layered packaging and sheets; all will be included under these rules. 
D.    Rule 13 provided that a producer of plastic waste operating in more than 2 states shallbe required to obtain a registration from the CPCB.

Amendment of 2018

These rules applied to every waste generator, local body, Gram Panchayat, manufacturer, Importers and producer. They had well-defined the concept of “extended producer’s responsibility” which meant the responsibility of a producer for the environmentally sound management of the product until the end of its life. Further, it imposed certain conditions on the manufacture, importer, stocking, distribution, sale and use of carry bags, plastic sheets or like, or cover made of plastic sheet and multi-layered packaging for an eco-friendly environment.It further provided that the local bodies shall handle and conduct plastic waste management in their respective jurisdictions. 

Amendment of 2021 

India taking cognisance of the fact that about 3.5 million tonnes of plastic was produced in 2020-2021 and its recycling capacity is only half of it, taking a big step forward, banned the manufacture, use, sale, import, stock and distribution of single-use plastics (SUP) w.e.f. 1st July 2022 through the Plastic Waste Management (Amendment) Rules, 2021. 

The ban encompassed a wide range of articles including plastic straws, plastic sticks for balloons, candy sticks, ice cream sticks, earbuds with plastic sticks, plates, cups, glasses, spoons, invitation cards etc. 

Amendment of 2022 

The 2022 rules provide four categories of plastics. They have mandated the reuse of rigid plastic packaging material in order to reduce its fresh use. In a significant first, the 2022 guidelines allow for the sale and purchase of surplus extended producer responsibility certificates. Further, environmental compensation will be levied based on polluter pays principle with respect to non-fulfilment of EPR targets by producers, importers and brand owners. Further, a centralised online portal has also been proposed for the registration as well as filing of annual returns by producers, importers and brand-owners. 

Second Amendment of 2022 

The Plastic Waste Management (Second) Amendment Rules, 2022 specify what biodegradable plastics are and provide a statutory framework for their alternative use. Definition for terms such as plastic packaging, end of life disposal, importer etc have also been notified. Provisional certificates for biodegradable plastics will be issued by the Central Pollution Control Board in cases where an interim test report is submitted to prove biodegradability which shall be valid till June 30, 2023. Further, the labelling provision which was earlier applicable only on plastic carry bags has now been extended to cover all plastic packaging. 

Some notable examples and initiatives 

One of the notable initiatives is the Swachh Bharat Abhiyan (launched in 2014) by the Government of India, which aims to achieve a clean and open defecation-free India. This campaign has played a crucial role in raising awareness about plastic waste and its impact on the environment.

Tetra Pak, an industry leader in food processing and packaging solution, the first carton packaging company started in 1987 is championing the cause of #BeatPlasticPollution. It might come as a surprise to many of us, that the chipboard used as the base for the seats of three-wheeled autorickshaws manufactured by Bajaj Auto since 2004 is actually manufactured from recycled Tetra Pak cartons. Well, in 2018 alone, Bajaj Auto sold more than half a million autorickshaws using this recycled Tetra Pak carton-based chipboard.

Tamil Nadu Hotels Association has recently announced a discount of 5 per cent on the bill if the customers bring in their own utensils in a bid to stop the use of plastic food containers and to encourage customers to go green.

In view to tackle the overuse of plastic water bottles, recently, on 19th May 2023, a division bench of Chief Justice Vipin Sanghi and Justice Manoj Tiwari of Uttarakhand High Court in a PIL directed the state government to initiate a digital deposit refund system for plastic water bottles across the state. In the Kedarnath Dham area, under this scheme, pilgrims will deposit an additional Rs 10 while purchasing plastic water bottles and get a refund on returning them. 

SUP ban and implementation challenges 

Even after almost a year of the SUP ban, little effect is visible on the ground. Despite the ban, the products are being produced, sold and widely circulated in the market. Thus, the ban seems to just be on paper. 

The ban disregards multi-layered packaging which forms an integral part of our lives today, from chips to shampoos. Though the ban has been issued by the Central Government, its implementation lies with the respective state governments and their state pollution control boards.

The ban on SUP restrains the use of plastic bags less than 120 microns, but the guarantee as well as the regulation of the thickness of the bag seems difficult. Further, the ban imposes extended producer responsibility (EPR) on companies manufacturing multi-layered packaging with targets of 70 per cent by 2022-23 and 100 per cent by 2026-27, the accuracy of the results of which is difficult to assess. 

Another aspect is the loss of livelihood which might be caused by the ban. With thousands of people engaged in jobs involving the manufacturing and sale of plastics throughout the country, what is required is equitable alternatives for them. Moreover, to produce results, the lower tier of the industry would require handholding, technical and financial assistance. Direct imposition of penalisation on them would lead to increased burden and eventually wipe out the small manufacturers. 

For most product manufacturers, plastic still remains the preferred packaging material with almost no alternatives. Paper, by some, is seen as the favored alternative, however, it is not the best green choice available. 

In order to enforce the ban, the Central Pollution Control Board (CPCB) launched an app SUP-CPCB encouraging citizens to help authorities take appropriate actions against violators. Citizens by acting as watchdogs, can report and register a complaint about SUPs being used manufactured, used and distributed around them in shops, factories etc. Awareness about this app continues to be very low and seems to be user un-friendly also. Further, it requires details of the citizen while registering complaints and thus fails to protect the anonymity. 

Global response and way forward 

According to United Nations, plastic waste is at epidemic proportions in the world’s oceans, with an estimated 100 million tonnes being dumped there. 

The United Nations Environment Assembly (UNEA) recently established an intergovernmental negotiating committee to draft an internationally binding legal instrument by the end of 2024 to curb plastic pollution. The first meeting of the INC was held on 28 November-2 December 2022 in Uruguay.  

Globally, few countries have tried to curb the plastic pollution in the past like the plastic packaging tax introduced in the United Kingdom. Banning of SUP in France to curtail the half of plastic bags by 2025, and China on the other hand, making it illegal for retailers to hand out plastic bags for free. Sweden introducing its recycling infrastructure that receives trash and burns it in incinerators, and Rwanda, taking measures to outlaw all non-biodegradable plastic. All of them are serving models for nations hoping to reduce their plastic-waste generation and making a sustainable future. 

 Covid-19 pandemic alone added about 25,900 tonnes of plastic waste with the increased use of surgical face masks, gloves, PPE kits, and sanitiser bottles. Plastic entanglement kills lakhs of animals and harms over 3 billion people worldwide.

Given the existing use of the SUP banned items in India, the government requires huge industrial support to properly impose the ban. 

The way forward for this untackled growing menace for India would require public awareness, consumer education and participation, feasible alternatives to industries, incentives for manufacturers, enhanced waste management infrastructure and strict enforcement through forward-looking policies and initiatives. 

Although, plastic is becoming socially unacceptable, tackling this issue still seems far from reality.  While the SUP ban and other initiatives are positive steps in the right direction, we are still not anywhere near to getting over the plastic addiction. 

(Sudhir Mishra is Founder and Managing Partner, Trust Legal Advocates and Consultants and Simran Gupta is an advocate , Supreme Court of India. Tanya, an intern with Trust Legal, Advocates & Consultants, has also contributed to the article.)