The Supreme Court of India has upheld the Tamil Nadu government’s ban on the manufacture, storage, supply, transport, sale, distribution, and use of reinforced paper cups, a policy introduced in 2019.
This decision has significant implications for local paper cup manufacturers, who now face challenges in adapting to the prohibition.
The Tamil Nadu and Puducherry Paper Cup Manufacturers Association had contested the ban, arguing that their products comprised approximately 94% paper and only 6% plastic. They contended that the blanket ban was arbitrary and disproportionately affected their right to conduct business under Article 19(1)(g) of the Indian Constitution.
However, the Supreme Court found that reinforced paper cups are non-biodegradable and pose significant recycling challenges due to the need for appropriate collection mechanisms and strict segregation. The Court concluded that the ban is a reasonable restriction in the interest of the general public’s right to a pollution-free environment, aligning with Article 19(6) of the Constitution.
In contrast, the Supreme Court has directed the Tamil Nadu Pollution Control Board to reconsider the ban on non-woven bags in light of amendments to the Plastic Waste Management Rules, 2016. The Central government now permits the manufacture and use of non-woven bags above 60 grams per square meter (GSM), indicating a shift towards regulation rather than an outright ban. This directive suggests a potential for more nuanced policies that balance environmental concerns with economic interests.
For paper cup manufacturers in Tamil Nadu, the upholding of the ban on reinforced paper cups necessitates a strategic pivot. Companies may need to explore alternative materials or innovate in product design to comply with environmental regulations while sustaining their businesses. The evolving legal landscape underscores the importance of adaptability within the industry to meet both ecological standards and market demands.
