Jahanvi Agarwal
On July 5, 2024, the Bombay High Court issued notices to the Central Pollution Control Board (CPCB) and Maharashtra Pollution Control Board (MPCB), directing them to file affidavits in response to a writ petition seeking a ban on plastic and artificial flowers. The division Bench, composed of Chief Justice Devendra Kumar Upadhyay and Justice Amit Borkar, gave the central and state authorities a four-week deadline to respond to the plea put forth by the Pune-based Association of Natural Flower Growers.
Advocate Aseem Naphade, representing the petitioners, highlighted that a notification by the MPCB on March 8, 2022, banned single-use plastics thinner than 100 microns. He emphasized that plastic flowers available in the market have a thickness of 30 microns, posing environmental risks. Naphade referenced a report from the International Association of Packaging Research Institutes, which details the detrimental effects of plastic flowers on the ecosystem based on their thickness.
Naphade further argued that the state’s notification failed to specifically categorize plastic flowers, suggesting they should be added to the prohibited items list due to their harmful thickness. He also mentioned a letter from the State Commissioner of Agriculture to the Union Ministry of Environment, Forest and Climate Change dated October 14, 2020, raising concerns over plastic flowers and other single-use plastics.
Chief Justice Upadhyay questioned Additional Government Pleader Priyabhushan Kakade, asking, “The notification issued by the Maharashtra government banning several single-use plastic items mentioned all the items but not these flowers. Why can’t the State simply issue a notification?” He pointed out that other items under 100 microns have been banned, indicating no reason why plastic flowers shouldn’t be. Upadhyay added, “Instead of writing letters, you could invoke your powers under the Maharashtra Non-Biodegradable Garbage (Control) Act, 2006. You are empowered to issue notification to ban a plastic item.”
Given the significant environmental issues raised, the Bench stressed the urgency, stating, “Having regard to the significance of issues raised in the plea, and the impact of the use of plastic flowers of less than 100 microns thickness on the ecosystem and environment, we expect from all concerned to take up the matter with serious earnestness.”