Rajasthan High Court upholds ban on laminated paper cups, plates and glasses

The Rajasthan High Court recently upheld the State's ban on laminated paper cups, plates and glasses. [Khandelwal Paper Industries vs Rajasthan State Pollution Control Board].Justice Sameer Jain observed that plastic-coated paper comprises 95% paper and 5% of a thin layer of low-density polyethylene (LDPE), which is utilized to provide water resistance to the resulting sheet. Based on this observation, the Court concluded that plastic-coated paper cups, plates, and glasses are single-use plastic commodities..The Court was hearing a challenge by manufactures to a notice of the Rajasthan State Pollution Control Board (RSPCB) that had directed closure of industries manufacturing laminated paper cups as part of the ban on single use plastics..The Ministry of Environment, Forest and Climate Change (MoEF&CC) in August 2021 had issued a notification under the Plastic Waste Management Rules that prohibited the manufacture, import, stocking, distribution, sale and use of identified single-use plastic items with effect from July 1, 2022.Accordingly, in April and July 2022, RSPCB issued notices to shut down the businesses of the petitioners..However, the manufacturers approached the Court arguing that laminated paper cups were not included in the ban mentioned in the 2021 notification. They claimed that the notification only prohibited 19 specific products and did not impose a complete ban on the usage of all single-use plastics..The petitioners further argued that the state board was not authorized to enforce such a ban as it would infringe upon various fundamental rights guaranteed by the Constitution, including Article 19 (1) (g) (right to practice any profession), Article 21 (right to life), and Article 14 (right to equality)..RSPCB informed the Court that plastic cups were included in the list of banned items since the ban's inception, and that the matter of laminated cups was deliberated by a National Task Force formed specifically for this purpose in June 2022.Therefore, they contended that closure of industries producing laminated paper cups was ordered by them in accordance with the prohibition notification and the findings of the National Task Force meeting..Upon considering the arguments, the Court rejected the petitions, affirming that such paper cups are indeed prohibited. Additionally, the Court instructed the State government to enforce the notification.The Court further noted that the RSPCB had acted within its jurisdiction when issuing closure notices to the petitioners. It also dismissed the allegations of fundamental rights violation, stating that the ban on single-use plastics constituted a "reasonable restriction"..[Read Judgment]