No impediment in banning use, sale of plastic flowers of less than 100 micron thickness: Bombay HC

Bombay High Court. File Pic

The Bombay High Court on Friday said there was no impediment in prohibiting use and sale of plastic flowers of less than 100 micron thickness if other such plastic items are banned.

A division bench of Chief Justice D K Upadhyaya and Justice Amit Borkar sought the response of the Union and Maharashtra government to a petition seeking a ban on the use of artificial flowers for decoration purposes. The court also issued notices to the Central Pollution Control Board and the Maharashtra Pollution Control Board.

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The petition filed by Growers Flowers Council of India (GFCI) claimed the maximum thickness of plastic flowers used for decoration purposes was usually 30 microns.

"Concerns need to be addressed at the earliest for the simple reason that if other items less than 100 microns have been banned then there does not appear to be any impediment in prohibiting plastic flowers as well," the court said.

"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 noted in the order.

The bench directed all the respondents to file their affidavits within four weeks and said it would hear the matter in August.

Urging serious steps from the authorities, the Chief Justice said, "In Lucknow, there is a protection home housing destitute children, many of whom suffer from cerebral palsy. When I interacted with the team there, I was told there were children who could not differentiate between edibles and non-edibles. Due to this, sometimes plastic material used to be found in their excreta. Therefore, we have to be very serious."

The GFCI's plea relied on various notifications issued by both central and state governments prohibiting production, stocking, distribution and sale of single-use plastic items, including those of less than 100 micron thickness.

The petition said the notifications, however, do not specifically mention plastic flowers. The plea sought direction to the government to issue necessary prohibitory orders for plastic flowers less than 100 micron thickness too.

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