Meghalaya High Court: No Real Action Taken For Removal Of Plastic Products From Market, Effective Steps Required

The Meghalaya High Court has issued slew of directions to prevent clandestine manufacture of plastic of less than 120 microns width and their seizure from places where they are in frequent use.

The Court was considering a Public Interest Litigation filed in August, 2024 before a bench presided over by the then Chief Justice Mr. Justice S. Vaidyanathan.

The Chief Justice was of the view that although for a very longtime, plastic was being used for storage of materials, its negative qualities were so significant that time had come to totally ban its use.

It had accordingly directed the State to take measures in that direction. When the matter came up before the division bench of Justice I.P. Mukerji and Justice W. Diengdoh on November 21, 2024, it expressed the view that for a long period of time plastic was being used as a very inexpensive material to store goods and items in containers, bags, bottles and so on.

It felt that in the absence of a viable substitute, sudden and total ban of plastic might jeopardize the economic life of the State and accordingly, it took note and appreciated the adverse effect of plastic on the ecosystem and environment.

"Plastic waste cannot be easily recycled or safely destroyed. It causes waste management problems as because of its long natural life it chokes waterbodies and the drainage system resulting in accumulation of garbage in public places," the Court observed.

Reviewing the Action Taken Report, the Court stated that action has been taken only in a major portion of East Khasi Hills District and hardly any in the remaining eleven districts of the State and that in most of the places only awareness camps have been held. The Report also stated that members of the public have been made aware of the illegality in the use of plastic of 120 microns or more.

"We did not find that any real action has been taken to ensure removal of this description of plastic products from the market. Positive and effective steps for removal of these items from the market would be the first step towards having a society without plastic and with its replacement by an equivalent substitute available at an equivalent price," the Court observed.

It accordingly directed each and every Deputy Commissioner heading a district to take measures such as carrying out awareness camps, informing and convincing the people, taking back possession of plastic less than 120 microns from people.

The PIL was accordingly listed on June 25, 2025.

Cause Title: Phuyosa Yobin Vs State of Meghalaya & Anr

Appearances:

Petitioner- In-Person

Respondents- Additional Advocate General T. Yangi B., Government Advocate J.N. Rynjah, Advocate Philemon Nongbri

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