The challenge is enforcing the plastic ban

Despite a law prohibiting sale of bags less than 40 microns, they can be seen everywhere

CHENNAI, 19/08/2014: Many of the plastic bags used widely to carry materials do not conform to the stipulated standards. Bags below 40 microns in thickness have been banned. The picture shows plastic carry bags in the hands of customers at Mylapore in Chennai on August 19, 2014. Photo: M. SRINATH

With gardens being few and far between in the increasingly concrete city of Bengaluru, ‘Plastic City’ may be the new sobriquet of the Garden City.

The State government’s announcement of a ban on plastic ban across the State comes after more than a year of discussions. However, the question that arises is whether it can be implemented considering that numerous restrictions have been barely followed.

For nearly four years, Plastic Waste (Management and Handling) Rules, 2011 has been in force, prohibiting sale of bags lesser than 40 microns. However, these bags are still is use in most small shops.

“There is no will or manpower to enforce these rules. It can’t be implemented at all,” says Vijaykumar, President of the Karnataka State Plastic Manufacturers’ Association. He believes that the sector is “so unorganised” that more than 1,500 units continue to manufacture these bags illegally. “Bags of smaller micron sizes continue to come from neighbouring States. For small vendors and traders, it is cheaper to use these bags,” he said.

Similarly, attempts by the Bruhat Bengaluru Mahanagara Palike (BBMP) to regulate usage of plastic in marriage halls over the last six years have met only with minor success.

However, Ramachandra, Chairman of the Karnataka State Pollution Control Board (KSPCB) said unlike previous notices, the draft notification empowers numerous agencies to crack down on those manufacturing, storing or selling the banned products. “Apart from Regional Officers of the KSPCB, officers of Commercial Tax, Urban Local Bodies, district administration, health department, revenue officers can file cases. There is force of law and implementation will be stricter,” he explained.

While a complete ban may be difficult to enforce, he is confident that usage will reduce by more than half.

Is the ban legally tenable?

Apart from bureaucratic hassles, the ban may also have to pass the legal hurdle. In 2013, the Dakshina Kannada district administration enforced a total ban on plastic bags. The Canara Plastic Manufacturer and Traders’ Association (CPMTA) moved the Karnataka High Court against the order. Until the verdict was delivered in 2014, a court stay scuttled enforcement of the ban.

“The court upheld our view that the 2011 Plastic Waste Rules, 2011 has to be implemented, where only manufacturers of bags lesser than 40 microns can be punished, rather going after those who complied with the rules,” said B.A. Nazeer, President of the CPMTA.

The ban in Mangaluru had followed a similar step in Chikkamagalur district, where usage of plastic had only stopped temporarily.