NGT directs CPCB to fine Amazon, Flipkart for excessive plastic usage

Expressing concern over the violation of environmental norms and excessive usage of plastic by e-commerce giants, the National Green Tribunal has directed the Central Pollution Control Board to impose penalty from them. NGT also stated that CPCB can consider ordering environmental audit against these companies.

New Delhi: The National Green Tribunal has held that the Central Pollution Control Board (CPCB) can consider ordering environmental audit against the concerned e-commerce giants -- Amazon, Flipkart and others -- and assess and recover compensation for violation of environmental norms, following due process of the law.

A bench of the NGT, headed by its chairperson Adarsh Kumar Goel, asked the CPCB to take further steps in the matter and to file an action taken report before the next date of hearing, October 14.

The bench also asked the Member Secretary of the CPCB to remain present in-person during the hearing on the next date through video conferencing.

The NGT was hearing applications seeking enforcement of 'Extended Producer Responsibility' under the Plastic Waste Management Rules, 2016.

One of the petitions sought enforcement of the liability against Amazon and Flipkart using excessive plastic packaging material without meeting the statutory liability. Another petition also alleged violation by various other companies.

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The tribunal observed that the statutory regulators were not taking coercive measures including invoking of 'polluter pays' principle for enforcing the statutory norms. The CPCB was directed to look into the matter and file a further report.

The NGT noted that a report filed by the CPCB on September 4, again mentioned one or another reason for not enforcing the law but does not mention the coercive measures adopted either directly by CPCB or in coordination with the State Pollution Control Boards.

The CPCB has earlier told the NGT that e-commerce giants need to fulfil their extended producer responsibility under the Plastic Waste Management Rules, 2016, and need to establish a system for collecting back the plastic waste generated due to the packaging of their products, the CPCB had earlier told the NGT.

The apex pollution monitoring body had told the NGT that as per provisions 9(2) of the Plastic Waste Management Rules, 2016, “Primary responsibility for collection of used multi-layered plastic sachet or pouches or packaging is of producers, importers and brand owners who introduce the products in the market.”

The submission came in response to a plea filed by a 16-year-old boy who has approached the tribunal to stop e-commerce giants Amazon and Flipkart from excessive plastic use in their packaging.

Aditya Dubey, through his legal guardian, has pleaded the NGT to direct Amazon and Flipkart to stop excessive use of plastic in packaging the goods delivered by the firms.

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“The e-commerce companies are covered under the Plastic Waste Management Rules, 2016. But due to a lack of monitoring and implementation, the respondents continue to use excessive amounts of plastic in wrapping and packaging their sold items,” said the plea, filed through advocate Meenesh Dubey.

Mr Dubey’s plea had contended that the companies deliver items in cardboard boxes, which are too large as compared to the size of the items being delivered.

“To ensure that the sold items do not move around in the outsized boxes, they wrap the items in multiple layers of plastic sheets and plastic bubble wraps and thereafter fill the large empty spaces in the boxes with additional sheets of single-use plastic,” it had said.

Once goods are delivered, the plastic waste is thrown away in the garbage and it ends up at landfill sites, leading to a burden on the earth and damaging the environment, it said.

“Single-use plastic has emerged as one of the biggest environmental challenges for our planet. It is cheap, useful, ubiquitous and very deadly.

“The fact that it’s non-biodegradable and is recycled in very small percentages means that our planet with the passage of time is becoming a big dumping ground for single-use plastic, which breaks down into smaller fragments known as microplastics and then contaminates soil and water,” the petition had said.

(With agency inputs)