NIBU KASIM Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioners in W.P.(C) No.23089/2022 are members of registered association of the manufacturers of non-woven bags in Kerala. The petitioner in W.P.(C) No.24165/2022 is a Proprietor engaged in the production of non-woven bags. The petitioners are before this Court aggrieved by GO (MS) dtd. 17/12/2019 and GO (MS) dtd. 27/1/2020 whereby the 2nd respondent has included the non-woven bags in the list of prohibited items.

(2.) According to the petitioners, non-woven bags are manufactured using food grade granules. Non-woven bag is a food grade item approved by many Government agencies and recognised by the Ministry of Textiles. The petitioners are manufacturing non-woven bags out of Polypropylene and Calcium Carbonate. Polypropylene is a food grade granule and Calcium Carbonate is a natural product and 100% biodegradable under natural process.

(3.) The petitioners state that the Government as per GO dtd. 12/12/2018 constituted an Expert Committee to study and report on the usage of plastic in Kerala. The Expert Committee reported that plastic litter alone is the pollution problem. The report mentioned the Polypropylene bags as product proposed to be regulated with return deposit refund scheme. The Expert Committee has reported that the non-woven fabric is made from fibre grade textile polymers and propylene and that non-woven fabrics are 100% usable and reusable.