Meghalaya High Court Warns Against Cosmetic Compliance | Orders Crackdown On Sub-120 Micron Plastic | Says Positive And Effective Steps Are The First Step Towards A Society Without Plastic
Isabella Mariam
The High Court of Meghalaya Division Bench of Chief Justice I.P. Mukerji, Chief Justice, and Justice W. Diengdoh has directed the State to implement immediate and effective measures against the use and circulation of plastic products less than 120 microns in thickness. The Court issued a comprehensive set of directives requiring all Deputy Commissioners across the State to initiate action plans for the removal and prevention of such plastic products from the market. Stating the detrimental impact of plastic waste on the environment, public health, and the ecological system, the Court instructed the State administration to file a consolidated compliance report by 20th June 2025.
This public interest litigation was originally admitted and entertained in August 2024 by the then Chief Justice Mr. Justice S. Vaidyanathan. The petition stated the longstanding use of plastic for storage and packaging purposes and brought to attention its significant negative environmental impact. Recognizing the environmental hazards posed by plastic, the earlier Bench had directed the State to take steps towards a total ban on plastic usage by its order dated 16th August 2024.
On 21st November 2024, the matter was placed before the current Division Bench comprising Chief Justice I.P. Mukerji and Justice W. Diengdoh. The Bench appreciated the views expressed by the earlier Chief Justice but also observed the practical challenges involved in imposing a sudden and total ban on plastic, given its widespread use as an inexpensive material for storing goods and items such as containers, bags, and bottles. The Bench noted that in the absence of a viable and affordable substitute, a complete ban could adversely affect the economic life of the State.
The Court recorded that while the negative effects of plastic on the environment are well-documented, including its contribution to choking water bodies and drainage systems, thereby leading to the accumulation of garbage in public places, the enforcement of a ban must be gradual and accompanied by viable alternatives.
The respondent No.2 was directed to file a report in the form of an affidavit outlining the actions taken pursuant to the Court's earlier directions. On 14th May 2025, Mrs. T. Yangi B., learned Additional Advocate General appearing for respondent No.1, presented a report dated 11th March 2025 before the Court.
Upon reviewing the report, the Court found that while substantial action had been initiated in the East Khasi Hills District, little to no tangible progress was reported in the remaining eleven districts of Meghalaya. The report primarily indicated that awareness camps had been organized in certain areas to educate the public about the illegality of using plastic products of less than 120 microns in thickness. However, the Court noted that no concrete measures had been implemented to ensure the removal of such plastic products from the market.
The Bench observed that the initial and essential step towards achieving a society free from plastic products of this nature was to undertake effective and positive measures to remove them from circulation. Such efforts must be coupled with making available equivalent substitutes at comparable prices to avoid economic disruption.
The Court recorded in its order that "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."
It further stated that "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 expressed concern over the lack of significant enforcement efforts across most districts, recording that "We find that action has been taken only in a major portion of East Khasi Hills District and hardly any in the remaining eleven districts of this State."
The Court continued by observing the necessity of a well-coordinated strategy and stated that "In those circumstances, we direct each and every Deputy Commissioner heading a district to take the following measures."
The Court directed that each Deputy Commissioner must "continue to carry out awareness camps indicating the adverse effects of plastic." They were further instructed to "inform and convince the people by public announcement, through advertisement, billboards, wall writing, other media that the use of plastic is detrimental to personal health, environment and the ecological system."
The Court also recorded that "reasonable time must be given to persons who have already procured and have possession of plastic less than 120 microns to return the items to the seller or to dispose of them hygienically."
In addition, the Bench directed that "plastic of less than 120 microns width should not be permitted to be manufactured in the State. The State should take all steps to prevent its clandestine manufacture and subject to (c) above identify and inspect places where they are in frequent use, seize them and deal with the offenders appropriately. For this purpose, administrative orders may be issued."
The Court mandated that the State administration, through the rank of Secretary, "shall collect all the reports from the Deputy Commissioners and file a report in this Court by 20th June, 2025." The matter has been listed for further hearing on 25th June 2025.
Advocates Representing the Parties:
For the Respondents: Mrs. T. Yangi B., Additional Advocate General with Mr. J.N. Rynjah, Government Advocate and Mr. Philemon Nongbri, Advocate for Respondent No.2
Case Title: Phuyosa Yobin Vs. State of Meghalaya & Anr.
Case Number: PIL No. 7/2024
Bench: Chief Justice I.P. Mukerji, Justice W. Diengdoh
[Read/Download order]
