KATHMANDU, Sept 30: The Supreme Court has ordered the government to fully enforce nationwide the ban on the production, import, sale, distribution and use of plastic bags thinner than 40 microns, saying delays and weak coordination among government agencies have undermined implementation of the restriction.
A joint bench of Justices Hari Prasad Phuyal and Abdul Aziz Musalman issued the mandamus along with a series of directives requiring the government to strengthen regulation of plastic production and waste, establish a centralized database of plastic producers and importers, enforce extended producer responsibility and improve coordination among the federal, provincial and local governments.
The apex court said controlling plastic pollution is linked to the constitutional right to live with dignity and the fundamental right to a clean and healthy environment.
The verdict noted that the government had already announced the ban through various policy and budgetary measures, including Point 160 of the fiscal year 2021/22 budget, the Plastic Bag Prohibition Action Plan 2021 and Point 118 of the fiscal year 2025/26 budget. However, the SC found that the ban had not been effectively implemented.
The apex court said the government had not been completely inactive, but its efforts had been delayed, fragmented and institutionally inadequate.
Among the problems identified by the SC were the lengthy process of formulating the directive required to implement the ban, the absence of a systematic database of plastic industries, delays in providing grants to industries seeking to upgrade their technology, and limited monitoring capacity at the local level.
No more plastic
The apex court also said responsibilities and financial obligations among the three tiers of government had not been clearly defined for enforcing the plastic restriction and managing plastic waste.
The verdict directs the government to enforce the 40-micron restriction continuously, effectively and without discrimination across the country.
It has also ordered the government to study and establish standards for regulating the production, import, sale, distribution and use of microplastics and microbeads.
The government must establish a centralized database of plastic producers and importers and introduce mandatory registration, production records and annual reporting requirements.
The SC has also ordered the effective implementation of extended producer responsibility (EPR) for plastic bags and packaging. It has directed the government to set a recovery and recycling target of at least 50 percent and establish an integrated information system to monitor compliance.
The verdict further calls for a dedicated body under the Ministry of Industry, Commerce and Supplies, equipped with the necessary human resources and budget, to continuously monitor and regulate industries involved in producing, importing, distributing and using plastic products.
The apex court has ordered the government to clearly divide responsibilities and financial obligations among the federal, provincial and local governments and prepare model legislation to support implementation of the plastic restrictions.
Local governments should be given the technical capacity and resources necessary to enforce the restrictions, including the authority to impose fines where required, the apex court said.
The verdict also calls for transitional support for industries affected by the restrictions. The government has been directed to provide technology transfer, capital grants and tax and customs concessions to industries producing plastic bags of 40 microns or thicker and environmentally friendly alternatives.
The SC has further ordered the government to apply the “polluter pays” principle and take action, including fines or suspension of licenses, against industries that fail to meet prescribed targets.
It has also directed the establishment of systems for waste segregation at source and plastic recycling, as well as policies to prevent plastic waste from entering rivers and forests.
The apex court said plastic pollution should not be addressed only through restrictions on bag thickness but through measures covering production, consumption, waste management and recycling.
The latest ruling also institutionalizes the SC’s monitoring of the government’s implementation efforts. While the apex court had previously sought progress reports every two months, the government must now submit reports every six months through the Judgment Enforcement Directorate.
The first progress report on implementation of the verdict must be submitted to the SC within six months of the decision.
According to Prem Bahadur Shrestha, who filed the writ petition at the apex court, the ruling comes as the government’s attempts to restrict thin plastic bags have faced repeated implementation challenges. "The apex court has now brought plastic production, industry transition, recycling, producer responsibility and intergovernmental coordination under a single implementation framework," Shrestha said.
