Thiruvananthapuram: A Thiruvananthapuram resident has sent a legal notice to the Corporation challenging the plastic carry bag ban imposed in the city. The legal notice sent under the instruction of Sabu Steephen says that authorities are not allowed to ban carry bags or other articles of plastic made above 50 microns. The notice quotes the Plastic Waste (Management and Handling) Rules, 2016, which says that “Carry bags made of recycled plastic or products made of virgin or recycled plastic shall not be less than 50 microns in thickness.”
However, according to experts, the rule does not prevent local bodies or the state government from imposing a blanket ban on plastic carry bags. Advocate Harish Vasudevan, an environmental activist, says, “Local bodies have the power under the Constitution of India to take a policy decision banning such items that cause nuisance.” His statement is based on Municipal Solid Waste Management Rules. While the rule says that plastic carry bags less than 50 microns cannot be sold anywhere in India, it provides room for local bodies and the state government to raise the limit, according to Shibu K Nair, Programme Director, Thanal.
Recalling that the Sikkim government had gone a step ahead and banned not only plastic carry bags, but plastic cutlery as well, he says, “Panchayat Raj Act vests with local body councils the authority to pass resolutions. Thiruvananthapuram Corporation is a government with a council of elected representatives, and has such power to impose a ban within its jurisdiction.” Meanwhile, the petitioner Sabu Steephen accuses vested interests as he says the ban promotes the sale of paper bags, which he refers to as inferior quality carry bags. “Paper carry bags cannot be used to carry provisions, especially when it rains,” he says.
