Prohibition on the usage of PVC Flex Boards and other non-biodegradable materials in election campaigns to promote sustainable and environmentally sound management practices.

Hrishikesh Roy, J.

1. The learned Adv.Sri.M.Kannan appears for the petitioner. Sri.K.V.Sohan, the State Attorney accepts notice for the respondents 1, 2 and 4, The learned counsel e. Sri.Mulari Purushothaman represents the Election Commission of India Respondent No.3). Sri.T.Naveen, the learned Standing Counsel appears Kerala State Pollution Control Board (respondent No.5).

2. This Public Interest Litigation (PIL) is filed by citizen, seeking prohibition in the usage of Poly Vinyl Chloride (PVC) Flex Boards, a key source of pollutants, in the forthcoming Lok Sabha Election, by the political parties/candidates. The petitioner contends that the use of such PV Flex Boards will be in negation of the Environment (Protection) Act, 1986 as well as the Plastic Waste Management Rules, 2016 not to mention the violation of the rights of the citizens, under Articles 21 and 48-A of the Constitution of India, for a clean and safe environment.

3. In his turn, the learned counsel Sri.Murali Purushothaman representing the Election Commission of India produces the copy of the communication dated 26.02.2019, addressed to all recognised National/State Political Parties, which requires everyone to make the forthcoming election eco-friendly, and opt for elimination of single-use plastic materials in the election campaign. This is suggested by the Election Commission, in the interest of human health and environment. The communication being relevant is extracted hereunder:-

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In this connection, Ministry of Environment, Forest and Climate Change has approached the Commission vide letter No. 12/79/2018-HSMD (Pt.) dated 17th January, 2019, (copy enclosed) with the request to impress upon all concerned to take up sustainable practices and try using alternate option to single-use plastic during elections. It, inter-alia, mentions:- .

"A lot of the campaigning material including posters, cut-outs, hoardings, banners, political advertisements, etc., is made of plastic. After the elections, the campaigning materials, are discarded and become waste. Such single-use plastic waste generated during campaigning does not get collected and causes choking of drainage and river systems, ingestion by stray animals, land and water pollution, open air burning, etc. Leading to adverse impacts on human health and environment. Some of these plastics are Poly Vinyl Chloride (PVC) based, which produces toxic emissions on burning.

A number of alternate options to use of plastic in campaigning material are available such as compostable plastics. Natural fabrics, recycled paper material, etc. which have a lesser environmental impact. Such materials need to be promoted as a sustainable and environmentally sound management practice. The upcoming General Elections present an excellent opportunity to introduce a behavioural change in election campaign and to promote sustainable practices."

Your attention is also drawn to Para 3 of Commission's instructions No.509/241/ECI/LET/FUNC/JUD/RCC/2011 dated 20th April 2018, which specifies that

"The Solid Waste Management Rules, 2016 and the Plastic Waste Management Rules, 2016, and other applicable laws in this regard are hereby adopted for disposal of the campaign material by the local municipal authority and the cost for the same shall be recovered from the candidates or political parties, as the case may be, in accordance Avith the polluter pays principle"

According, the Commissioner reiterates that all political parties should take adequate steps and measures to not use single-use plastic as campaign materials (posters, banners etc.) during the elections? In the interest of human health and environment.

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4. Besides the above, this High Court in other proceedings has issued direction for removal of unauthorised PVC Rex Boards within the limits of various local autho