The Lahore High Court has directed to legislate a law within six months to implement the ban on manufacturing, sale, marketing use and import of polythene bags. The court had banned the manufacturing and use of polythene bags on September 17 after accepting a petition filed by a lawyer Khurram Khan.
On Thursday the Judge released his detailed order, saying after the six months there will be a complete ban on manufacturing, sale, marketing, use and stock of polythene bags.
The judge observed that federal and provincial governments have failed to curb the manufacturing, sale and use of polythene bags and thus failed to protect the "life" of citizens. Therefore to enforce the fundamental rights of the citizens certain directions have been issued to the government.
The court ruled that as Punjab government had already introduced a ban on use of black polythene bags and or any bag below 15 micron thickness through the Ordinance of 2002, it would ensure strict enforcement and compliance of provisions of the Ordinance 2002.
In its eight-page judgement, Justice Shabbar Raza Rizvi dismissed the plea of respondents that a complete ban on the polythene bags would deprive thousands of people of their jobs, saying nothing is more precious than life. The judge observed that Bangladesh is a poor country than Pakistan but it had imposed a successful ban on polythene bags while South Africa had also passed the same legislation.
The judge further remarked that all the respondents have not really appreciated and realised gravity and depth of hazard and destruction being posed by the menace known as polythene bags that is why, though they did not deny threat or damage being caused but still opposing complete ban on it.
According to article 9 of the constitution no person shall be deprived of his life or property save in accordance with law, Justice Shabbar further held. The petitioner argued that polythene bags are being largely used by common people without taking into consideration the fact that it was posing serious threats to their heath.
He said polythene bags caused to flooding as they chock and clog the drainage system and spread diseases, causing soil infertility and destroy marine life. The black polythene can cause cancer. He said the monsoon season becomes the biggest problem for the people as drainage system is choked due to polythene bags, making provincial and city governments helpless.
The petitioner said dumping and burning of polythene bags is not safe due to its non-degradable nature. Similarly burning of polythene bags release toxic gases that cause ill effects on health particularly could cause respiratory problems. He said respondent government is taking no step to curb use of polythene bags for household use and for commercial and industrial use of hazardous material.
Ministry of environment and environment protection agency are not aware of danger of polythene bags as they are sitting as a silent spectators. He prayed to the court to prohibit the use of polythene bags and direct the government to adopt alternate arrangements.