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In a Public Interest Litigation seeking a complete ban on PVC and chlorinated plastic-based political banners, hoardings and flags, etc. in the state of Uttar Pradesh, the Allahabad High Court today issued notices to the Election Commission of India (ECI), State Government, the Ministry of Environment, Forests and Climate Change (MOEFCC) and the Central Pollution Control Board (CPCB).

The PIL that alleges non-compliance of the rules under the Environment (Protection) Act, 1986 pertaining to plastic, solid, and hazardous waste by the government agencies, was heard before the bench of Justices Pritinker Diwaker and Ashutosh Srivastava.

Notices have also been issued to the Chief Electoral Officer, Uttar Pradesh, and the Uttar Pradesh Pollution Control Board as well and the respondents have been asked to file their response within 3 weeks.

One Akash Vashishtha, an environmentalist and lawyer from Ghaziabad had filed this PIL seeking directions to the State Government to completely prohibit the manufacturing, use, and import of short life PVC and chlorinated plastics which includes Banners/Hoardings/ Flexes/ Signages/ Flags or the likes used for promotion and advertising in the state of Uttar Pradesh.

Adv. Sanjay Upadhyay, appearing for the petitioner had alleged that despite PVC and plastics being highly toxic and carcinogenic, these materials are being used in the UP elections, in violation of several mandatory orders and communications, by ECI, MOEFCC and CPCB’s guidelines.

He had also averred that these methods for the promotions are also in gross violation of the Plastic Waste Management Rules and the Solid Waste Management Rules under the Environment (Protection) Act, 1986.

Stressing that this is a larger issue that needs to be addressed, Adv. Upadhyay had further alleged that despite Extended Producer Responsibility having been fixed by virtue of these laws on the manufacturer/producer, there is no compliance of the rules by the government agencies on the ground.  

Cause Title: Akash Vashishtha vs State of UP