Hearing a petition against e-commerce giants Amazon and Flipkart, the National Green Tribunal (NGT) has expressed its displeasure at lack of action against excessive use of plastic in packaging by the companies. The green panel underlined the fact that despite the prevalent rules in place, the Central Pollution Control Board (CPCB) could only come up with one or the other reasons for not taking any strong steps in this regard.
NGT noted that the authorities concerned were not following the dictum of “polluter pays” even as there were statutory norms prescribing this. The NGT then asked the CPCB to take necessary steps in the matter and file an action taken report by October 14.
The petition was filed by Aditya Dubey, a 16-year-old boy who has approached the tribunal through his legal guardian to stop Amazon and Flipkart from excessive plastic use in their packaging.
“A report has been filed by the CPCB on 04.09.2020 which again mentions one or other reasons for not enforcing the law but does not mention the coercive measures adopted either directly by CPCB or in coordination with the State PCBs/PCCs,” noted the tribunal, headed by Justice Adarsh K Goel.
The green panel has also sought the presence of the Member Secretary of the CPCB on the next date, through video conferencing.
It also added that the CPCB can also consider ordering environmental audit against the concerned entities and assess and recover compensation for violation of environmental norms, following due process of law.
The plea argued through senior counsel Priya Hingorani and advocate Meenesh Dubey, has pointed out that Plastic Waste Management Rules, 2016 defined the duties of e-commerce firms but lack of monitoring and implementation of the rules, plastic packaging has become a serious environmental challenge.
Submitting its reply, the CPCB too had agreed before the NGT that the rules concerned required Amazon and Flipkart to establish a system for collecting back the plastic waste generated due to the packaging of their products.
“Amaazon Retail India Private Limited and Flipkart Private limited are involved in packaging and selling of other companies’ products and thus introducing plastic packaging in the market. They need to fulfil their extended producer responsibility under PWM Rules and should obtain registration as brand owner after submitting proper documents,” CPCB said in its affidavit.
At this, the NGT had asked for a report from the pollution monitoring body derailing the steps taken by it to ensure implementation of the rules and penalties imposed for violations.
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