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Item No. 05

Court No. 1

BEFORE THE NATIONAL GREEN TRIBUNAL

PRINCIPAL BENCH, NEW DELHI

(By Video Conferencing)

Original Application No. 237/2020

IN

Original Application No.180/2017(WZ)

(M.A. No. 383/2017)

Purva Pravin Bora & Ors.

Applicant(s)

Versus

MoEFCC& Ors.

Respondent(s)

Date of hearing: 12.03.2021

CORAM: HONBLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON

HONBLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER

HONBLE DR. NAGIN NANDA, EXPERT MEMBER

Applicant:

Mr. Asim Sarode, Advocate

Respondent(s): Mr. Rakesh Mahajan, Advocate & Mr. Rahul Garg, Advocate for MoEF&CC

Ms. Manasi Joshi, Advocate for MPCB.

Mr. Sameer Khale, Advocate for Respondent No. 5.

Mr. Abhinav Shrivastava, Advocate & Mr. Karan Kohli, Advocate for

Respondent Nos. 8 & 10.

Mr. Kapil Arora, Advocate for Respondent No. 11.

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.

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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

Honble 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

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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 i