ORDER

1. Prayer in this application is to enforce the mandate of Rule 17(3) of the Solid Waste Management (SWM) Rules, 2016, requiring the manufacturers and brand owners of sanitary napkins and diapers to provide a pouch or wrapper for disposal of each napkin or diapers along with the packet of their sanitary products.

2. During the hearing our attention has been drawn to order dated 03.08.2017 of the NGT, Bhopal Bench in O.A. 30/2015, PC Sharma v. M/s Proctor and Gamble Home & Ors., directing enforcement of the said rule.

Against the said order, Civil Appeal Diary No. 46725/2019, M/s. Procter and Gamble Home Products Limited v. PC Sharma & Ors. has been filed in the Hon’ble Supreme Court wherein, on 27.01.2020, following order has been passed:-

“Delay condoned. Issue notice, returnable in four weeks. Dasti service be effected on the respondents in addition.

Liberty is granted to the petitioner to file additional documents.

Status quo, as on today, shall remain in force until further orders.”

Procedural History of present Application

3. The application was filed on 10.11.2017. On 19.12.2017, notice was issued to all the respondents, namely, MoEF&CC, the Maharashtra Pollution Control Board (MPCB), the Director, Health Department, Government of Maharashtra, the Pune Municipal Corporation (PMC), the Municipal Corporation of Greater Mumbai (MCGM), the Nagpur Municipal Corporation (NMC) and the Secretary, Department of Urban Development, Government of Maharashtra, Johnson & Johnson Private Ltd., Unicharm India Private Ltd., Kimberly-Clark Lever Ltd. and Procter and Gamble India. 4. On 17.03.2020, while adjourning the matter at the instance of the MoEF&CC, the Tribunal noted the deleterious impact of non-compliance of the rules as follows:

“2. It is contended that waste management system for disposal of waste sanitary napkins mentioned in the Solid Waste Management Rules, 2016 are not yet being implemented in the State of Maharashtra. As a result of this, there has been degradation of environment and harm caused to the general public as well as those handling such waste.

3. It is stated that incineration of such waste which has been practiced widely has also proven to be deleterious to the environment as the disposable absorbent hygiene products are made of multiple layers of cellulose or wood-pulp, LDPE plastic polymers and polyacrylate. It is further contended inter-alia that when such complex plastic polymer products are burnt at lower temperatures they typically release asphyxiant and irritant gases into the atmosphere. The biodegradable components, such as cellulose or wood-pulp in absorbent hygiene products often contain furans (due to use of pesticides) and dioxins (due to a chlorine-bleach process) which are among the most deadly toxins being highly carcinogenic even in trace quantities. When absorbent hygiene products are burnt these toxins are released into the atmosphere and can travel a long way from the point of emission. Dioxins are additionally hormone disruptors that cause reproductive and developmental problem, damage the immune system, and can be transmitted by mothers directly to their unborn babies. In the absence of scientific knowledge about the individual and combined effects of different kinds of chemicals present in the waste or formed during incineration, experts advise on adopting the precautionary principle and refraining from incinerating plastic waste.

4. It is submitted that sanitary napkins cannot be considered as plastic waste according to the Plastic Waste Management Rules, 2016 and also do not find mention in the Biomedical Waste Management Rules, 2016. Therefore, the Solid Waste Management Rules 2016 is the only legal document which creates legal liability for the Central and State Government to look after management of sanitary napkins considering it as solid waste.”

5. Vide order dated 18.06.2020, the Tribunal took note of the Swachh Bharat Mission Guidelines (SBM-G) and Menstrual Hygiene Management (MHM),