Académique Documents
Professionnel Documents
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Draft
DRAFT DATED 07.02.2012
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
WRIT PETITION (CIVIL) NO. ______ OF 2012
(UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA)
BETWEEN
1
2.
3.
4.
5.
1.
2.
3.
Petitioners
4.
5.
6.
TO
THE HONBLE THE CHIEF JUSTICE OF INDIA AND HIS OTHER
COMPANION JUSTICES OF THE HONBLE THE SUPREME COURT OF
INDIA.
A. PARTIES
The Petitioners
1(a). The 1st Petitioner is a society registered under the provisions of the
Societies Registration Act, 1860. The 1st Petitioner was registered in
September, 2000 and is recognized by the Animal Welfare Board of India
(Respondent No.19 herein). The 1st Petitioner runs a hospital and shelter
for small animals which have been injured, or ill, or have been
abandoned. The animals rescued and treated at the 1st Petitioners shelter
include, dogs, cats, monkeys and a variety of birds. It also has a hospital
for large animals such as cattle, buffaloes, donkeys, horses and a camel.
The 1st Petitioner also runs a wild life rescue centre which at present is
home to animals such as sloth bears, black buck, sambar deer and spotted
deer. In the course of its work the 1st Petitioner has received awards and
recognition with regard to its work in the field of animal welfare.
1(b) One of the significant contributing factors to the ill health among many
species, including cows and bulls, is the gastro-intestinal injuries caused
1(c). The 2nd Petitioner is a society registered under the provisions of the
Societies Registration Act, 1860. It works to stop the illegal trade in
internationally protected sea turtles; rescues cows and buffaloes that have
been neglected by their owners; provides a sanctuary to dogs, cats, birds,
monkeys, horses, rabbits and several other rescued animals. The activities
of the 2nd Petitioner extend beyond sea turtle protection to the protection
of migratory birds and protection of wild life generally. In the course of
its activities, the 2nd Petitioner has received international recognition and
has won awards. A copy of the 2nd Petitioners certificate of registration
is hereto annexed and marked as Annexure P-4. A summary of the 2nd
Petitioners activities and awards are set out at Annexure P-5 hereto.
Having regard to the distress caused to animals (domestic and wild) by
the ingestion of plastic bags and the consequent impact on human health,
the 2nd Petitioner has resolved to approach this Honble Court by way of
1(e) The 4th Petitioner is a citizen of India and is writer and animal rights
activist. A resum of her activities and background is summarized in a
statement appended as Annexure P-7.
1(f)
The 5th Petitioner is a citizen of India and is the President of the 2nd
Petitioner society. He has been engaged in animal welfare activity for
more than 16 years.
The Respondents /
2(a). The 1st Respondent is the Union of India through the Union Ministry of
Environment and Forests, Animal Welfare Division. The 1st Respondent
is responsible for framing and enforcing suitable regulations to prevent
cruelty to animals and to ensure that human health is not compromised by
the indiscriminate ingestion of plastic by cows and other animals.
2(b). The 2nd Respondent 18th Respondent are State governments through
their respective Animal Husbandry Departments which are responsible
for protecting and advancing animal welfare. All the States of the Union
have not been joined as party Respondents at this stage and the
Petitioners reserve their right to implead other States and Union
Territories, when considered necessary.
2(c). The 19th Respondent is the Animal Welfare Board of India, a statutory
board established under the provisions of the Prevention of Cruelty to
Animals Act, 1960. The functions of the Board include imparting
education in relation to humane treatment of animals, encouraging the
formation of public opinion against the infliction of unnecessary pain or
suffering on animals and promoting animal welfare. The Boards
functions also extend to advising the government in matters connected
with animal welfare and the prevention of infliction of unnecessary pain
or suffering on animals. The Board is empowered to make regulations,
inter alia, for carrying out its functions.
3.
4(b). Despite the enactment of rules for the disposal of municipal solid wastes
and the management and handling of plastic waste, the Respondent States
have failed and neglected to implement these rules. The rules require that
stray animals shall not be allowed to move around near waste storage
facilities. The rules also require that the Respondents and municipal
authorities within the territories of the Respondent States must ensure the
safe collection, storage and disposal of plastic waste. The inaction, failure
and neglect of the Respondents in implementing these rules is arbitrary
and amounts to a violation of Article 14 of the Constitution of India.
10
Core Issue
6.
Across India there has been a tremendous increase in the use of plastics
generally, particularly plastic bags. Plastic bags are being swallowed /
ingested by animals both domestic and wild. By and large, across the
country in villages, towns, cities and in the metros, garbage is disposed in
open dumps. Municipalities across the country do not effectively enforce
municipal solid waste disposal laws. Citizens leave their kitchen waste
including edible items in plastic bags which are left outside their homes
for collection and/or carried to an open garbage bin and left at the
garbage receptacle. Animals live in close communion with people in rural
areas as well as in towns and cities in India. Domestic animals generally,
and cows and bulls in particular, roam the streets looking for food and
these animals know that edible waste is discarded in plastic bags. As a
consequence, in order to reach what is in the bags, cows and bulls chew
and swallow the plastic bags.
7.
The cow and bull have a complex digestive system. After chewing the
food, the food collects in the first of the cows stomachs known as the
rumen. Here, the swallowed food is separated into solids and liquid parts
and the fermentation of cellulose fibres takes place. The second stomach
is the reticulum where further fermentation of cellulose fibres occurs. The
third stomach is the omasum which absorbs fluids. The forth stomach is
known as the abomasums where proteins are digested before the food
passes into the intestine for absorption of nutrients. A diagrammatic
representation of the digestive system of a cow is marked as Annexure P8 hereto.
8 (a) The cows digestive systems is such that plastic bags do not pass through
the rumen into the reticulum and the plastic remains trapped in the cows
first stomach. The 1st Petitioner society has conducted a total of 53
11
8(b) The problem of plastic ingested by cows and bulls is the subject of
scientific research in India as well as overseas. Plastic bags threaten cattle
health, as brought out in a study entitled Plastic bags -- Threat to
Environment and Cattle Health: A Retrospective Study from Gondar City
of Ethiopia by V. Ramaswamy and H.R. Sharma; The IIOAB Journal,
Vol.2(1) Page 7-12 (2011). The authors of this study found that polythene
bags were causing various pathological conditions such as indigestion,
impaction, tympany, polybezoars, and immunosuppression. The animals
had bloated stomachs and suffered loss of weight, ruminial impaction and
reduction of milk yield. The acute bloat causes pressure over the
diaphragms and ribs, limiting respiratory movements, leading to
hypoventilation and decreased veinous return to the heart. The acute bloat
was recognized as a factor that could lead to cattle mortality. The
research paper was based on 711 rumenotomies during the period 20042010. A copy of the research paper is marked as Annexure P- 9 hereto.
12
9.
Date
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
20.11.2010
20.11.2010
27.11.2010
04.12.2010
04.12.2010
11.12.2010
18.12.2010
25.12.2010
08.01.2011
08.01.2011
12.01.2011
16.01.2011
23.01.2011
27.01.2011
27.01.2011
29.01.2011
01.02.2011
05.02.2011
Quantum of plastic
waste removed from
the rumen
48 kg
48 kg
42 kg
56 kg
52 kg
63 kg
47 kg
46 kg
44 kg
52 kg
53 kg
42 kg
37 kg
42 kg
18 kg
42 kg
34 kg
62 kg
19
20
21
22
23
24
25
12.02.2011
17.02.2011
19.02.2011
21.02.2011
26.02.2011
26.02.2011
05.03.2011
56 kg
44 kg
52 kg
51 kg
62 kg
56 kg
59 kg
26
27
28
29
30
31
32
33
34
35
05.03.2011
05.03.2011
12.03.2011
12.03.2011
12.03.2011
15.03.2011
17.03.2011
17.03.2011
19.03.2011
28.03.2011
58 kg
47 kg
37 kg
36 kg
49 kg
44 kg
39 kg
41 kg
52 kg
38 kg
Remarks
Recovered
Died on 1112.2010
Died on 11.12.2010
Died on 06.12.2010
Died on 18.12.2010
Recovered
Recovered
Recovered
Recovered
Recovered
Recovered
Recovered
Recovered
Recovered
Recovered
Recovered
Recovered
Euthanized on
12.02.2011
Recovered
Recovered
Recovered
Recovered
Recovered
Recovered
Recovered calf 8
months
Recovered
Recovered
Recovered
Recovered
Recovered
Recovered
Recovered
Recovered
Recovered
Recovered
13
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
09.04.2011
09.04.2011
09.04.2011
16.04.2011
16.04.2011
16.04.2011
30.04.2011
30.04.2011
30.04.2011
14.05.2011
14.05.2011
24.09.2011
08.10.2011
15.10.2011
22.10.2011
22.10.2011
17.10.2011
17.10.2011
32 kg
57 kg
41 kg
61 kg
59 kg
29 kg
37 kg
41 kg
49 kg
59 kg
51 kg
61 kg
63 kg
51 kg
43 kg
38 kg
02 kg
03 kg
Recovered
Recovered
Recovered
Recovered
Recovered
Recovered
Recovered
Recovered
Recovered
Recovered
Recovered
Recovered
Recovered
Recovered
Recovered
Recovered
Recovered
Recovered
Note: Three cows delivered healthy calves after surgery and four are
pregnant.
10.
The Petitioners research and inquiries have revealed that while the
problem of plastic collecting in the rumen of a cow is particularly acute in
the case of cows because of their particular digestive system, other
animals as well, including wild animals are ingesting plastic bags.
11.
14
12.
13.
14.
Despite rules framed for municipal solid waste disposal, in practice India
still has an open garbage system with open bins in virtually all human
settlements from villages to the metros. Typically, the garbage bins are on
roads and overflow with waste. Cows, dogs, pigs and other animals such
as monkeys, rats, etc. visit these dumps in search of food. A large number
15
of cows that stray on the roads eat from garbage bins, foraging for left
over vegetables, fruit and anything edible that smells like food. For
example, in Udaipur city, cows and bulls are seen on the streets everyday
feeding from blue plastic bins.
15.
16.
The cattle on the street may be stray or owned by small dairies and
individuals. The animals are left to roam the streets and the areas at the
periphery of cities or towns where garbage is dumped. Dairy owners and
individuals often send their animals out on the road to forage for food in
order to save money. The owners nevertheless extract milk from these
cows which derive sustenance from waste discarded in garbage bins,
garbage landfills, around vegetable markets, etc.
17.
16
18.
The digestive system of a cow has been explained above. The 1st
Petitioners staff as well as the veterinary surgeon noticed that many of
the cows which appeared normal to an untrained eye were experiencing
extreme discomfort and pain. These animals were unable to eat grass
since their digestive system was completely blocked by the hardened
plastic waste that had formed a solid block in the rumen. In cases where
the digestive system was almost completely compromised, the animals
were grinding their teeth in pain. When a cow or bull experiences
extreme pain, the pain manifests itself through the cow or bull
continuously grinding its teeth. The plastic also causes the belly of the
cow to bloat. Calves born from affected cows are small in size due to lack
of food and space in the womb caused by a rumen packed with plastic.
19.
20.
In order to sensitize cattle owners as to how much their cattle suffer when
they are allowed to roam the streets, some of the surgeries were
performed in the presence of cattle owners. The members of the Gram
17
Panchayat, Municipal Officers from Anantpur and other areas have also
attended the surgeries. On the basis of awareness spread by the activities
of the 1st Petitioner, Anantpur has banned plastic bags. The
Commissioner of Anantpur after seeing the video of the surgery and the
suffering of the cows ordered the removal of all open garbage bins and
has now implemented collection of municipal garbage from door to door.
The Municipal Council has engaged a door to door campaign to educate
members of the public not to discard their waste and plastic because of
the harm caused to animals.
21(a). Apart from the 1st Petitioner, post mortems conducted by emptying the
rumens of cows and bulls, have also been carried out at Udaipur by
another non-governmental organization, Animal Aid Charitable Trust.
Animal Aid runs a hospital facility for rescued animals at Badi, Udaipur
and is assisted by a team of 2 veterinary doctors and 35 staff including 5
veterinary nurses. Animal Aid has also found that bull and stray cows
wandering the streets of Udaipur ingest huge amounts of plastic. Dr.
James Myers and Erika Abrams-Myers, who founded Animal Aid
Charitable Trust, and who perform honorary work at Animal Aid in the
capacity of Joint Directors have affirmed an affidavit setting out the
experience of this organization which works in the Udaipur region. The
affidavit of Dr. James Myers and Erika Abrams-Myers dated
_________is here annexed and marked as Annexure P-15.
18
22.
The India Project for Animals and Nature (IPAN) has also carried out
rumenotomies at Masinagudi, in Tamil Nadu where they run an animal
refuge for abandoned and injured animals. The IPAN has a veterinary
team comprising of three veterinarians and this team has observed the
presence of large quantities of plastic lodged in the stomachs stray cows
and bulls. Dr. Ilona Otter, a veterinary surgeon working with IPAN has
affirmed an affidavit setting out her experience with the IPAN in the
Masinagudi region. The affidavit of Dr. Ilona Otter dated ______ is here
annexed and marked as Annexure P 17.
23.
19
Apart from cows and bulls, other domestic animals forage in garbage
dumps around cities such as donkeys, buffalos, goats, sheep, pigs and
dogs. Inevitably, these animals too ingest plastic. Media reports about
animals feeding on plastic are hereto annexed and marked as Annexure P
- 22.
Wild Animals
25.
Along Indias rivers and coast, plastic waste and garbage is dumped from
thousands of villages and towns into the water along with untreated
sewage. This garbage including plastic waste is found by wild animals
and is ingested by these animals. Turtles are highly susceptible to
swallowing plastic bags as they strongly resemble their target prey jellyfish and squid. Mr. Pradeep Kumar Nath, the 5th Petitioner, in the
course of his sea turtle protection work has found that postmortems
conducted on dead turtles show plastic waste in the dead animal. The
affidavit of Mr. Pradeep Kumar Nath dated _______ are hereto annexed
and marked as Annexure P-23 hereto.
20
26.
A survey by the United Nations found that plastic in the worlds oceans is
killing more than a million seabirds and a hundred thousand marine
mammals and sea turtles each year. Ingestion of plastic debris may cause
blockage of the digestive tract, perforation of the gut, and result in a loss
of nutrition (due to displacement of food) or cause a false feeling of being
full. An extract of the UNEP report of April 2005 on the Regional Seas
Programme is hereto annexed and marked as Annexure P-24.
27.
The principal provisions in the Constitution of India are Articles 14, 21,
47, 48, 48A and 51A (g). These provisions are reproduced below:
14 Equality before law The State shall not deny to any person
equality before the law or the equal protection of the laws within
the territory of India.
21
29.
22
respond to the potential health threats to its citizens arising from plastic
clogging the stomach of cows, are all arbitrary and unreasonable actions,
transgressing Article 14 of the Constitution of India.
30.
31.
Constitution of India, inter alia, enjoins the State to prohibit the slaughter of
cows and calves and other milch and draught cattle. A Constitution Bench of
seven Learned Judges of this Court
Kureshi Kassab Jamat (2005) 8 SCC 534 has held that Article 48 would cover
23
all cattle even after they had lost their ability to produce milk or to move loads.
This Court expressly held:
A milch cattle goes through a life cycle during which it is
sometimes milch and sometimes it becomes dry. This does not
mean that as soon as a milch cattle ceases to produce milk, for a
short period as a part of its life cycle, it goes out of purview of
Article 48, and can be slaughtered. A draught cattle may lose its
utility on account of injury or sickness and may be rendered useless
as a draught cattle during that period. This would not mean that if a
draught cattle ceases to be of utility for a short period on account of
sickness or injury, it is excluded from the definition of draught
cattle and deprived of the benefit of Article 48.
It is respectfully submitted that the Constitution Bench has consciously
used the expression deprived of the benefit of Article 48 in the context
of cattle, thereby implying that under the Constitution of India
constitutional benefits extend to animals as well.
32.
24
33.
35.
36.
25
9.
(a)
(b)
37.
(k)
(l)
(h)
(i)
26
* * *
he shall be punishable, in the case of a first offence,
with fine which shall not be less than ten rupees but
which may extend to fifty rupees, and in the case of a
second or subsequent offence committed within three
years of the previous offence, with fine which shall
not be less than twenty-five rupees but which may
extend to one hundred rupees or with imprisonment
for a term which may extend to three months, or with
both.
(2) For the purpose of sub-section (1), an owner shall be
deemed to have committed an offence if he has failed to
exercise reasonable care and supervision, with a view to the
prevention of such offence.
Provided that where an owner is convicted of permitting
cruelty by reason only of having failed to exercise such care
and supervision, he shall not be liable to imprisonment
without the option of a time.
38.
(b)
(c)
(d)
(e)
(f)
(g)
(h)
27
(i)
(j)
(k)
(l)
(m)
39. It is respectfully submitted that the action of owners to allow cows (and
other animals) to feed on plastic bags and the failure of the authorities to
prevent cows (and other animals) from ingesting plastic bags that are left at
garbage dumps and open garbage bins amounts to inflicting cruelty on
animals. The PCA, 1960 penalises such conduct or inaction and it is
imperative that corrective steps are taken to prevent such wide spread
breach of the law.
Environmental Statutes
40.
28
41.
b)
42.
Rule 4 of the MSW Rules provides that every Municipal Authority shall
be responsible for implementation of the provisions of these Rules and
for infrastructure development in respect of the collection, storage,
segregation and disposal of municipal solid wastes. Rule 5 provides that
the Secretary of the Department of Urban Development of the concerned
State or Union Territory shall have the overall responsibility for
enforcement of the provisions of the MSW Rules in metropolitan cities.
Elsewhere, the District Magistrate or the Deputy Commissioner of the
concerned district has overall responsibility for enforcement of the
provisions of the Rules within the district. Rule 7 mandates that
municipal solid wastes generated in a city or a town shall be managed
and handled in accordance with the compliance criteria and procedure
laid down in Schedule II. Schedule II provides, inter alia,
Schedule II
Management of Municipal Solid Wastes
Sl.No. Parameters
1.
Collection
of
Municipal
Solid
Wastes
Compliance Criteria
1. Littering of Municipal Solid Wastes shall be
prohibited in cities, towns and in urban areas
notified by the State Governments. To prohibit
littering and facilitate compliance, the following
steps shall be taken by the municipal authority,
29
namely
(i)
Agencies/ Authorities
Responsibility
Municipal Authorities
State Government
(i)
Secretary In-Charge of
Department
Development
(ii)
of
Urban
30
4.
43.
State
Pollution
Board (SPCB)
On 4th February, 2011 the Central Government notified the Plastic Waste
(Management and Handling) Rules, 2011. These rules were amended on
2nd July, 2011 by the Plastic Waste (Management and Handling)
(Amendment) Rules, 2011. Rule 5 The PW Rules, inter alia, prohibits
the manufacture, stocking, distribution or sale of a plastic bag which is
less than 40 microns in thickness. Rule 6 (c) requires that the municipal
authority shall be responsible for setting up, operationalisation and
coordination of the waste management system with regard to plastic
wastes. The municipal authority must ensure that no damage is caused to
31
44.
It is respectfully submitted that the provisions of the MSW Rules and the
PW Rules framed under the EPA make it clear that the Respondent
authorities are obliged to ensure that the disposal of plastic waste is done
in a safe manner and does not cause any harm. There is a specific
obligation imposed on municipal authorities within the States to ensure
that stray animals are not allowed around waste storage facilities which
include facilities for the temporary containment of municipal solid
wastes. Despite the mandate of the law, municipal authorities in the
Respondent States are failing to discharge their obligations resulting in
cows, bulls and other animals ingesting plastic from garbage bins and
disposal sites.
State Laws
45.
The Petitioners state that apart from the central statutes outlined above, a
few State Governments have enacted specific laws to deal with the
problems caused by non-biodgradable garbage including plastic waste.
The preambles of these state laws recognize the ill effects of plastic waste
and the prevalence of plastic garbage that is polluting public drains, water
bodies, wetlands, roads etc. The State statutes include:
(a)
(b)
(c)
(d)
The
Jammu
and
Kashmir
Non-Biodegradable
Material
32
Municipal Laws
46.
The Constitution (74th) Amendment Act, 1992 inserted Part IX-A into the
Constitution of India. Part IX-A deals with municipalities and Article
243W empowers the legislature of a State to endow the municipalities
with the necessary powers and authority to discharge their functions
enumerated in the XIIth Schedule to the Constitution of India. The
subjects solid waste management and prevention of cruelty to
animals are specifically mentioned in items 6 and 15 of the XIIth
Schedule.
47.
b)
c)
d)
e)
f)
g)
33
E. ANIMAL RIGHTS
48.
49.
34
cannot ignore its constitutional duty and allow cruelty and pain to be
inflicted on animals.
35
This Court having regard to the totality of the facts and circumstances and
in the larger interest of the citizens of Jodhpur issued various directions
including the following: 4. The respondent State Government is directed to frame
guidelines regarding proper use of plastic bags in the State
because a number of deaths of cattle on account of
consuming of plastic bags have been reported. The State
Government is directed to frame necessary guidelines on or
before 31-3-2007;
5. The Municipal Corporation is directed to ensure that used
plastic bags and other plastic materials must be separated
from other garbage and destroyed to prevent their
consumption by cattle, bulls and other animals;
It is a matter of common knowledge that the position noticed by the
Rajasthan High Court and this Hon'ble Court in respect of the city of
Jodhpur with regard to stray cattle being turned out from dairies so that
they can eat whatever was available on the streets and these animals
consuming plastic, is a situation that prevails across India. What the
Petitioners here seek to highlight is the extreme cruelty on a nationwide
scale that is being caused to bovine animals as a result of wide spread
plastic pollution and non-implementation of municipal solid waste
regulations. The material placed on record by the Petitioners also shows
the scale of violation of the animals natural bodily function in respect of
eating and digesting, resulting in a slow and extremely painful death of
animals in a cruel manner proscribed by law. The Petitioners have also
highlighted the potentially adverse health impact on human beings
resulting from the consumption of plastic waste.
G. GROUNDS
51.
In the foregoing part of this petition, a detailed narration of facts and the
relevant provisions of law have been set out. The grounds stated below
draw on this material and for the sake of brevity, particularise the
36
challenge. In the premises, the Petitioners submit that this Hon'ble Court
issue appropriate writs, orders and directions under Article 32 of the
Constitution of India on the following amongst other grounds which are
set out hereafter and are without prejudice to one and another: -
A.
37
other places that are accessible to cows, bulls and other animals
that are part of the Indian milieu.
B.
38
C.
39
The Petitioners submit that the provisions of MSW Rules and the
PW Rules framed under EPA make it clear that the Respondent
authorities are obliged to ensure that the disposal of plastic waste is
done in a safe manner and does not cause any harm. There is
specific obligation imposed on municipal authorities within the
states to ensure that stray animals are not allowed around waste
storage facilities which include facilities for the temporary
containment of municipal solid wastes. Despite the mandate of the
law, municipal authorities in the Respondent states are failing to
discharge their obligations resulting in cows and other animals
ingesting plastic from garbage bins and waste disposal sites.
E.
40
thickness. Rule 6 (c) requires that that the municipal authority shall
be responsible for setting up, operationalisation and coordination of
waste management system with regard to plastic waste. The
municipal authorities are required to ensure that no damage is
caused to the environment by the lack of plastic waste
management. The Respondents are required to ensure the safe
collection, storage, transport, processing and disposal of plastic
waste. It is submitted that the obligation for safe collection,
storage, etc. under Rule 6 of the PW Rules (as amended) implies
safe practices from the stand point of humans as well as animals.
This obligation ought to be interpreted in the context of
Constitutional duties as well as the Parliamentary mandate to
prevent cruelty to animals. The open garbage disposal system in
vogue across the country with plastic waste lying around such that
it can be ingested by stray animals violates the PW Rules and
ought to be discontinued forthwith.
F.
41
G.
42
53.
The Petitioners have not received any reply or response to their letters
dated ______February, 2012. The Petitioners have demanded justice but
justice has been denied to them. It is submitted that the Respondents are
under a public duty to take necessary steps to eliminate or substantially
reduce the problem outlined in this petition. The Respondents have failed
and neglected to discharge their public duties.
I. JURISDICTION
54.
43
there is a severe potential adverse health impact that human beings are
likely to suffer as a consequence of animals ingesting plastic.
55.
The Petitioners State that the 2nd Petitioner Society of which the 5th
Petitioner is the President has filed writ petitions before the Andhra
Pradesh High Court relating to pollution caused by plastic bags. Writ
Petition No. 19225 of 2000 seeking a ban on the manufacture, sale, use
and circulation of plastic/polythene bags in commercial establishments
was disposed of by a Division Bench of the Andhra Pradesh High Court
on 27.12.2001. The High Court in its order recorded that having regard to
a government order dated 30.03.2001 which imposed restrictions on the
use of plastic carry bags in Andhra Pradesh, no further directions were
necessary. A copy of the order dated 27.12.2001 passed by the Andhra
Pradesh High Court is annexed as Annexure P - 32 hereto. More recently,
the 2nd Petitioner Society has filed Writ Petition 9852/2010 seeking a ban
on plastic bags and also seeking directions for the proper collection of
waste by municipal administrations within the State of Andhra Pradesh.
This writ petition is pending before the High Court and no effective
directions have been passed till date.
56.
The issues raised in the present petition and the factual foundation drawn
from the experience from veterinary surgeons from across the country,
make this petition distinct and different from the earlier cases, though
there may be some areas of overlap. The problem is of a national
magnitude and is not confined to State of Andhra Pradesh alone. The
present petition is being filed as a public interest litigation and it is
respectfully submitted that this Hon'ble Court may admit the case and
issue appropriate directions.
44
Plastic bags are not biodegradable. The bags when discarded are easily
ingested by animals. This causes acute pain to animals, chokes their
digestive system, and frequently results in death. The treatment of
animals in this manner is cruel and harsh and is proscribed. It is submitted
that urgent injunctive relief and directions as more particularly prayed for
hereafter are necessary and are in the public interest. For the reasons set
out above, the Petitioners have made out a strong prima facie case which
necessitates the grant of interlocutory relief. The balance of convenience
is clearly in favour of the Petitioners and the interest of the public at
large.
K. RELIEF
58.
(2)
(3)
45
(5)
(6)
(b)
Pending the hearing and final disposal of this petition, this Honble
Court be pleased to order and direct:
(1)
(2)
(3)
(4)
46
(c)
Provide for such further and other relief, both interim as well as
final, as the facts and circumstances of the case require; and
(d)
Costs