SC says Tamil Nadu’s ban on reinforced paper cups is reasonable, orders TNPCB to reconsider the ban on non-woven bags afresh

While hearing the Tamil Nadu and Puducherry Paper Cup Manufactures Association vs. State of Tamil Nadu & Ors. case on October 20, 2023, the Supreme Court of India refused to interfere with the Madras High Court order that upheld the ban on reinforced paper cups introduced in 2019 in Tamil Nadu. The SC bench also directed the Tamil Nadu Pollution Control Board (TNPCB) to reconsider the ban on non-woven bags afresh in context with the amended Plastic Waste Management Rules, 2016. As per this amended rule, the entre has regulated the use of non-woven bags instead of imposing a complete ban. The matter was heard by a two-judge bench of the Supreme Court including Justice S. Ravindra Bhat and Justice P.S. Narasimha. The SC bench order reads, “Given that the amended 2016 Rules now allow non-woven bags above 60 GSM to be manufactured and used, i.e., the Centre has found a way to regulate it, rather than ban it- there is some merit in the appellant’s contention regarding disproportionality. If a less onerous restriction on the appellant’s Article 19(6) right is possible, it must be favored. In light of the developments in terms of the amendment to the 2016 Rules, this court is of the considered opinion that it would be appropriate, and just, to remand the question of including non-women bags within the single-use plastic product ban, back to the TNPCB for consideration. ”

The bench was hearing an appeal by the Tamil Nadu and Puducherry Paper Cup Manufacturers Association challenging the ban on the manufacture, storage, supply, transport, sale, and distribution of paper cups and non-woven bags. The Association argued that the use of plastic in paper cups was minimal, with 94% paper and 6% plastic. It further contended that the blanket ban of their products was arbitrary, disproportionate, and unreasonable. While upholding the ban on reinforced paper cups, the Supreme Court observed that these cups were used as a single-use product and were non-biodegradable as well as difficult to recycle. The bench noted, “By composition itself, they are non-biodegradable, and there is immense difficulty in their recycling, as it requires appropriate collecting mechanisms, and strict segregation, to name a few of the challenges. The appellants insisted that this is a situation of not having an effective collective mechanism, which the local municipal corporations are responsible for as per the 2016 Rules; they also offered to take up the responsibility. However, given that there is a scientific basis for the ban, and it is the State Government’s policy decision to ban numerous categories of single-use plastic products, in public interest, there is little room or reason, for this court to interfere on the ground of merits of the ban.” 

The SC bench further said that “...the contention that the ban is over-inclusive and disproportionate, are in the considered opinion of this court, not made out in relation to reinforced paper cups. The appellant’s right under Article 19(1)(g) has, without a doubt, been restricted; but in the larger interest of the general public to enjoy a pollution-free environment the restriction was reasonable as per Article 19(6) of the Constitution of India, and is therefore, upheld.” After hearing the contentions, the Apex Court decided to uphold the ban on reinforced paper cups and directed the TNCPB to reconsider the ban on non-woven bags afresh.