Bombay High Court seeks response from Centre and State on plastic flowers ban 

Bombay High Court issues notices to CPCB and MPCB in response to petition seeking ban on plastic flowers.

The Bombay High Court on Friday, July 5, 2024 issued notices to the Central Pollution Control Board (CPCB) and Maharashtra Pollution Control Board (MPCB) to file their respective affidavits before it in response to a writ petition seeking a ban on plastic and artificial flowers.  

The Division Bench comprising Chief Justice Devendra Kumar Upadhyay and Justice Amit Borkar, who were hearing the petition filed by the Pune-based Association of Natural Flower Growers,  directed the Maharashtra and Central governments to file affidavits in reply to the plea within 4 weeks.  

Appearing for the petitioners, Advocate Aseem Naphade said that as per a March 8, 2022 notification released by the MPCB, the distribution and sale of single-use plastics with a thickness of less than 100 microns was banned. Plastic flowers sold in the market, however, have a thickness of 30 microns, which is harmful for the environment, he stated. He also cited a report published by the International Association of Packaging Research Institutes that mentions the maximum, minimum and average thickness of plastic flowers and how they impact the ecosystem.

Mr. Naphade pointed out that the State’s notification had not categorised or specified the types of plastic flowers, and considering their thickness, they should be added to the list of prohibited items. He also mentioned a letter by the State Commissioner of Agriculture to the Union Ministry of Environment, Forest and Climate Change dated October 14, 2020, which had raised concerns over the sale of plastic flowers and other single-use plastic items.

Questioning the Additional Government Pleader Priyabhushan Kakade, Chief Justice Upadhyaya said, “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? Concerns needs to be addressed at the earliest for the simple reason that if other items less than 100 microns have been prohibited, there does not appear to be any impediment in prohibiting plastic flowers as well. 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.” 

“Having regard to the significance of issues raised in plea, and the impact of 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,” the Bench added.