Justice Sameer Jain made an observation regarding the composition of plastic-coated paper cups, plates, and glasses, stating that they are primarily made up of 95% paper with a thin layer of low-density polyethylene (LDPE) accounting for the remaining 5%. Consequently, the conclusion was drawn that these items are considered single-use plastic products.
Recently, the Rajasthan High Court upheld the ban on paper cups, plates, and glasses that are laminated, following a case brought by Khandelwal Paper Industries against the Rajasthan State Pollution Control Board.
Justice Sameer Jain highlighted that plastic-coated paper consists of 95% paper and 5% LDPE, which provides water resistance to the material. Based on this observation, the Court determined that paper cups, plates, and glasses coated with plastic are categorized as single-use plastic products.
The case arose as a result of the ban on single-use plastics, with the Court addressing a challenge by manufacturers against a notice issued by the Rajasthan State Pollution Control Board (RSPCB), which ordered the closure of businesses producing laminated paper cups.
In August 2021, the Ministry of Environment, Forest, and Climate Change (MoEF&CC) issued a notification under the Plastic Waste Management Rules, prohibiting the manufacturing, importing, stocking, distribution, sale, and use of specific single-use plastic items starting from July 1, 2022.
Consequently, the RSPCB issued notices to shut down the petitioners’ businesses in April and July 2022. However, the manufacturers argued in court that laminated paper cups were not included in the prohibition outlined in the 2021 notification. They contended that the notification only banned 19 specific products and did not impose a blanket prohibition on all single-use plastics.
Additionally, the petitioners argued that the state board lacked the authority to enforce such a ban, as it would infringe upon constitutionally protected fundamental rights, including the right to practice any profession (Article 19 (1) (g)), the right to life (Article 21), and the right to equality (Article 14).
The RSPCB informed the Court that plastic cups have been on the list of banned items since the inception of the ban and that a National Task Force was established in June 2022 to address the issue of laminated cups specifically.
Therefore, they asserted that the closure orders for businesses producing laminated paper cups were issued in accordance with the prohibition notification and the conclusions reached during the task force’s deliberations.
After reviewing the arguments, the Court dismissed the petitions, confirming that such paper cups are indeed prohibited. Additionally, the Court directed the State government to enforce the notification.
Furthermore, the Court acknowledged that the RSPCB had the authority to issue closure notices to the petitioners and stated that the ban on single-use plastics constituted a “reasonable restriction” that did not violate fundamental rights.
