Harsh International v. Union of India: Exemption from Plastic Waste Management Rules for Export-Oriented Units

This case revolves around a writ petition filed by M/s Harsh International & Anr., seeking exemption from the Plastic Wastes (Management and Handling) Rules, 2011, to manufacture its product filter Khaini in plastic packaging exclusively for export purposes. The petitioners argue that, like similar businesses, they should be granted the exemption to continue their operations without violating the environmental regulations on plastic usage. The Supreme Court, in its judgment, addresses the petitioners’ request and applies the same legal reasoning from a prior case to grant the relief.

Introduction:

The petitioners, M/s Harsh International & Anr., a 100% export-oriented unit, manufacture filter Khaini wrapped in plastic packaging, a practice that falls under the scope of the Plastic Wastes (Management and Handling) Rules, 2011. These rules impose restrictions on the use of plastic packaging to reduce environmental impact. The petitioners sought exemption from these rules for their export activities, citing precedents set by similar cases, notably the Baba Global Ltd. case, where the Court granted similar exemptions. The petitioners also submitted an undertaking, assuring compliance with environmental standards.

Petitioner’s Arguments:

The petitioners argue that as a 100% export-oriented unit located in the Noida Special Economic Zone, they should be exempted from the Plastic Wastes Rules. The petitioners assert that their business is focused solely on export, and no part of the product will be sold in the local market. The petitioners also emphasize that the Court has granted similar exemptions in the past to businesses with similar operations, such as Baba Global Ltd. They request the same exemption and argue that their operations do not harm the local environment, as all products are for export.

Respondent’s Arguments:

The Union of India, represented by the Ministry of Environment and Forest, counters the petitioners’ claims, arguing that the Plastic Wastes Rules cannot be relaxed merely for export-oriented units. The respondent emphasizes the importance of adhering to environmental regulations, stating that exemptions should not be granted without ensuring that the products are not contributing to plastic waste in the country. They argue that even export activities should comply with the environmental rules, as plastic waste management is critical to preserving public health and the environment.

The Court’s Analysis:

The Supreme Court, in its analysis, reviews the provisions of the Plastic Wastes (Management and Handling) Rules, 2011, and the earlier decision in Baba Global Ltd. The Court notes that in the Baba Global case, exemptions were granted to similar petitioners under the condition that they would not sell their products in the local market. The Court finds that the petitioners in this case have submitted a similar undertaking, ensuring compliance with the environmental standards. The Court further emphasizes the need for consistency in judicial decisions and grants the same exemption to the petitioners as was granted in the Baba Global case.

Conclusion:

The Supreme Court allows the writ petition, granting the petitioners exemption from the operation of the Plastic Wastes (Management and Handling) Rules, 2011, for the duration of the proceedings. The exemption is granted on the condition that the petitioners comply with the terms of the undertaking, ensuring that their products are exclusively for export and will not be sold in the local market. The decision reaffirms the Court’s approach of ensuring consistency in granting exemptions while balancing environmental concerns with the needs of export-oriented businesses.

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Download Judgment: Ms Harsh Internatio vs Union of India Supreme Court of India Judgment Dated 18-07-2016-1741873318079.pdf