10/02/2022
As voting kicked off today in Uttar Pradesh for the 2022 Legislative Assembly elections, the Allahabad High Court heard a Public Interest Litigation (WP PIL No. 145/2022) filed by Mr. Akash Vashishtha against the use of PVC plastic banners and flexes being used during election campaigns and advertisements purposes. The Counsel for the Petitioner, Advocate Sanjay Upadhyay, pointed out that huge quantum of toxic and carcinogenic PVC banners is being used adding to the huge menace of plastic waste in the State. Although the Election Commission of India has been issuing directions since 1999 for curbing the use of plastic during elections, its implementation leaves much to be desired on the ground. The Ministry of Environment, Forest and Climate Change has also issued advisories for encouraging the use of environment friendly alternatives to plastics during elections. The Bench noted that there has been poor implementation of the directions issued by the authorities. The Bench observed that improper disposal of plastic waste, both in urban and rural areas, is not only harmful for human health but also animals who end up ingesting the plastic waste strewn all over the ground.
Mr. Upadhyay continued by submitting that although the Writ Petition raises the issue of use of PVC plastic banners during elections, its adjudication will have a far-reaching impact on the larger issue of plastic waste in Uttar Pradesh as well as the entire country. The Court sought clarity on who would be responsible for the proper disposal of the PVC plastic banners as per the law. Mr. Upadhyay submitted that the Plastic Waste Rules, 2016 and the Extended Producers’ Responsibility framework lay down the roles and responsibilities of the stakeholders for the environmentally sound management of plastic and plastic waste from its production until the end of its life. Such stakeholders include the manufacturers, producers, waste generators, brand owners, and Producer Responsibility Organizations. The Court expressed its appreciation on the issue raised by the Petitioner and accordingly issued notice.