A group of businessmen and shopkeepers have challenged the government order. PHOTO: FILE

PESHAWAR: A group of businessmen and shopkeepers have challenged a government order which bans plastic shopping bags and other products.



Led by Haji Deedar Khan, Khyber-Pakhtunkhwa’s (K-P) shopkeepers and businessmen have filed a writ petition in Peshawar High Court (PHC) against a notification issued by the K-P Environmental Protection Agency (EPA) which not only bans non-biodegradable plastic but also the black oxo-biodegradable plastic products.



The ban also raises the minimum thickness of the oxo-biodegradable plastic products to at least 50 microns. Further, the notification requires that the goods must be marked as ‘Recycled plastic unsafe for contact with food.’



Even though notification was issued back in May, businessmen and whole-sellers believe they cannot shift their business to bio-degradable products.



Mian Muhibullah Kakakhel, while representing the businessmen and shopkeepers who deal in the sale and purchase of oxo-Biodegradable plastic, argued that the rules framed by the KP-EPA were in “violation of fundamental rights.”



Under Section 7, clause XII of K-P Environmental Protection Act 2014, the provincial EPA department is empowered to ban any activity, work, mobility or transport within a particular area by declaring it environmentally sensitive, protected or prohibited for a particular time period to safeguard the natural environment, prevent pollution with prior approval of the government.



The ban has also cancelled all permits issued for the manufacture, distribution or import of non-biodegradable plastic products. It also barred black oxo-biodegradable plastic except for use as garbage sacks.



Kakakhel argued that in developed countries, alternatives to the oxo-biodegradable plastics have been introduced but it is impossible to bring about a sudden change in Pakistan.



He further contended that in some countries, even the utensils can be used as food, but in developing countries, this is impossible, impracticable, moreover unreasonable to directly stop the business of plastic.



“It is tantamount to rendering them jobless, they have to be provided with an alternative before imposing a complete ban.”



Published in The Express Tribune, November 10th, 2017.