Bombay HC Ponders: Why Are Plastic Flowers Not Banned?

Bombay High Court Disobeys Ban on Single-Use Plastic Except Plastic Flowers
Mumbai: The Union government has been ordered by the Bombay High Court to clarify why plastic flowers aren't in the list of single-use plastic (SUP) items banned. The court passed the order while hearing a public interest litigation (PIL) petition filed by the Growers Flowers Council of India (GFCI) seeking a ban on plastic flowers in Maharashtra on the grounds that they are contaminating the environment.

PIL Petitions for Plastic Flower Ban
The GFCI petition states that plastic flowers, particularly with a thickness of less than 100 microns, are plastic waste and must be treated as single-use plastic. The PIL cites plastic waste management issues and petitions the government to ban their production, stocking, distribution, and sale.

Centre Defends Exclusion from Ban
The Ministry of Environment, Forest and Climate Change (MoEFCC), responding to the court notice, submitted an affidavit giving the reason plastic flowers were not included in the list of banned items. The ministry explained the single-use plastic products are placed on the list based on their littering value and low use. Plastic flowers do not fit into either of these categories, the MoEFCC asserted.

The affidavit also clarified that the CPCB had suggested the case be referred for closer examination but had come up with no supporting study or analysis upon which a ban could be implemented. 

The Department of Chemicals and Petrochemicals (DCPC) also formed an expert committee to investigate 40 single-use plastic items, but not plastic flowers.

Court Questions Government's Stand
The court, while scheduling the hearing, asked if the government was sure if plastic flowers can be recycled or if they biodegrade. Judges referred to the government's notice for phasing out certain single-use non-recyclable plastics and asked if the plastic flowers could be included.

Petitioner to File Rejoinder Affidavit
High Court asked the petitioner to file a rejoinder affidavit within two weeks on Centre's stand on plastic flowers.

Maharashtra Pollution Control Board has also proceeded to issue licenses.
Meanwhile, the Maharashtra Pollution Control Board (MPCB) informed the court that it has been strictly implementing the ban on single-use plastics. The board further stated that state municipal corporations are also implementing the ban and have recovered ₹17 lakh as fine from defaulters.

Broader Implications
The case is debating loopholes within India's single-use plastic policy, and here specifically loopholes in plastic decorations that make wastage but aren't illegalized. If single-use plastic are actually such which include flowers, then certainly these can be prohibited in selling as well as making, and that would induce immense changes within the floriculture and decoration industry.

The final determination will be determined by the court hearing decision and later government deliberation on whether plastic flowers are an environmental threat to be banned.

Conclusion
The Bombay High Court investigation of plastic flowers in India under India's single-use plastics policy is one of significance both for the environment and plastic policy. The Centre is holding firm on the current categorisation, and petitioners are arguing for prohibition, but the case has implications more broadly for India's struggle to deal with plastic pollution