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HC’s verdict ignored: part 1

Entire country flooded with banned polythene

Hira  Talukder

Hira Talukder

Wed, 25 Sep 24

Mohsin, a vegetable vendor at the Hatirpool Market in Dhaka, was packing multiple types of vegetables into a single plastic bag for a customer. When asked why he was still using plastic bags despite their ban, Mohsin replied, "What else can I use if not plastic? There are no other bags. The customers don’t bring their own either."

Rabeya Khatun, who was returning home with groceries packed in a plastic bag from the Town Hall Market in Mohammadpur, was unaware that plastic bags were banned. Speaking to Views Bangladesh, she said, "Are these bags banned? Everyone uses them for everything."

This lack of awareness among both buyers and sellers is why plastic bags, despite being banned, have flooded the entire country, from small village grocery stores to large shopping malls in cities. Although there are laws in place to curb the use of plastic bags, including a specific High Court ruling, these laws are not enforced, not even minimally. As a result, the illegal use of plastic bags, which poses a serious threat to the environment and public health, continues to rise at an alarming rate.

Experts point out that a deadly toxin, 'bisphenol,' is released from plastic, contaminating food items. Plastic does not decompose into the soil; instead, it degrades the soil’s fertility. Discarded plastic, whether on roads or in garbage bins, often ends up in drains, causing waterlogging. Accumulating at the bottom, plastic clogs rivers and waterways. Additionally, burning plastic contributes to air pollution.

Since 1982, Bangladesh has been producing plastic bags commercially, and their usage has spread like a pandemic. Research shows that in Dhaka alone, 14 million plastic bags are discarded daily. Melting and reusing these plastics leads to the release of toxic chemicals, causing severe health issues such as cancer, skin diseases, and liver and kidney damage in humans.

According to the World Bank, the annual per capita plastic usage in Dhaka is more than three times the national urban average, currently standing at 22.25 kg. Around 646 tons of plastic waste are collected daily in Dhaka, which accounts for 10% of the total waste generated in the entire country.

Dhaka WASA (Water Supply and Sewerage Authority) reports that approximately 1 billion plastic bags are buried underground in Dhaka alone. These bags are forming new layers beneath the surface, obstructing the natural flow of water and oxygen and destroying the land's capacity for crop production. The negative impacts of plastic, including chemical reactions that heat the Earth's surface, are contributing to phenomena like earthquakes, lightning, and ultraviolet radiation.

Sharif Jamil, General Secretary of Bangladesh Poribesh Andolon (BAPA) and Buriganga Riverkeeper, told Views Bangladesh, “The use of banned plastic is causing severe environmental destruction across the country, including the capital, Dhaka. There are several reasons why we have failed to stop or control the use of plastic bags. They offer various so-called conveniences. For example, plastic bags are very easy to produce, which makes them highly in demand. They are readily available to everyone and can be obtained as soon as they are needed. Since they are cheap, shopkeepers use them in bulk to save money. Vendors only keep plastic bags in their stores because they can provide them for free to customers. Additionally, they are lightweight, making them a preferred choice for consumers. The ease of storage allows them to be reused multiple times over a long period.”

Sharif Jamil further added, “We still haven't been able to introduce a readily available and affordable alternative to plastic bags for the general population. It’s important to remember that plastic products themselves have been used for many years as a substitute for glass products.”

What the law says:
In 2002, the 'Bangladesh Environment Conservation Act, 1995' was amended to completely ban the production, import, marketing, sale, display for sale, storage, distribution, and commercial use or transportation of polythene. The law provides for penalties of imprisonment, fines, or both for violations of these provisions. Additionally, in 2002, the 'Bangladesh Environment Court Act, 2000' was amended to address crimes related to polythene shopping bags. The amendment allows for inspection, entry, seizure, formal investigation, and other legal actions. For cases in metropolitan areas, officers ranging from Sub-Inspector (SI) to Assistant Commissioner have been given the authority of 'inspectors' under the law for environmental cases. In non-metropolitan areas, officers from the rank of SI to Assistant Superintendent of Police (ASP) hold similar powers.

High Court order to stop polythene:
On December 17, 2019, Syeda Rizwana Hasan, the Chief Executive of Bangladesh Environmental Lawyers Association (BELA) and the current environmental advisor, filed a writ petition challenging the legality of the widespread use, production, and sale of polythene or plastic bags and single-use plastic products. After the hearing, on January 11, 2020, a High Court bench comprising Justice Moinul Islam Chowdhury and Justice Khondaker Diliruzzaman issued several orders along with a ruling. The Court set a one-year deadline to take action to stop the use of polythene and single-use plastic products. Within this period, a specific directive was given to stop the use, transportation, sale, and marketing of polythene or plastic bags and single-use plastic products in coastal areas. Additionally, the Court ordered the strict enforcement of the law regarding the ban on polythene or plastic bags, including market monitoring, shutting down production factories, seizing machinery, and stopping the use of single-use plastic products in hotels, motels, and restaurants.

The respondents were instructed to submit a progress report to the Court in the form of an affidavit on the implementation of the directives. Along with these orders, the Court also issued a ruling asking the respondents why their inaction in stopping the use of banned polythene or plastic bags and single-use plastic products should not be deemed illegal. Furthermore, the Court questioned why a work plan for identifying safe alternatives to polythene or plastic bags and single-use plastic products should not be developed by December 31, 2022.

Syeda Rizwana Hasan, environmental advisor, told Views Bangladesh that the government has decided to strictly enforce the ban on the production, storage, transportation, marketing, and use of prohibited polythene and polypropylene shopping bags. To achieve this, a crackdown will begin in supermarkets on October 1, followed by a nationwide campaign starting November 1. From October 1, market authorities, including those in wet markets, will be required to voluntarily eliminate illegal polythene shopping bags. Throughout this period, the Department of Environment will conduct awareness programs.

Starting from November 1, strict enforcement of the law will be carried out nationwide. The advisor also urged the search for new alternatives to plastic for environmental protection and sustainable development. In line with this, the Department of Environment will hold a “Plastic Alternatives Fair” on September 29 to explore new solutions.

To be continued...

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