The Bombay High Court has directed the Union government to file a response regarding the inclusion of plastic flowers in the list of banned single-use plastic items. The directive came from a division bench comprising Chief Justice D.K Upadhyaya and Justice Amit Borkar while hearing a petition filed by the Growers Flowers Council of India. The petition seeks a ban on the use of plastic flowers in Maharashtra.

The court had previously issued notices to the Maharashtra Pollution Control Board (MPCB), Central Pollution Control Board (CPCB), and the Ministry of Environment, Forest, and Climate Change, seeking their views on banning plastic flowers below 100 microns in thickness. During the hearing, it was brought to the court's attention that in September 2022, the CPCB had written to the Union government, stating that an expert committee formed by the Department of Chemicals and Petrochemicals recommended including plastic flowers in the banned single-use plastic items list.

The bench has now directed the counsel representing the Union government to take instructions on the CPCB's recommendations and file an affidavit detailing whether these suggestions were considered and if any decisions were made regarding the ban. The Centre must submit this affidavit by the next hearing scheduled for November 27.

During the previous hearing, the seriousness of the issue was highlighted when Chief Justice Upadhyaya shared an incident from a visit to a child protection home in Lucknow, where plastic was reportedly found in children's excreta, illustrating the pervasiveness of plastic pollution.

The petition argued that while the MPCB's March 8, 2022, notification banned various single-use plastic items such as sticks, plates, and cups, it did not cover plastic flowers. It further noted that under the Maharashtra Non-Biodegradable Garbage (Control) Act, 2006, the state government has the authority to prohibit the use of such materials through notifications.

The writer is a freelancer