Published on 11th March 2025
Authored By Abha
Indian Institute of Management
Introduction
Plastic has become one of the significant factors responsible for environmental pollution. With millions of tons of plastic waste generated annually, the need for effective laws, management strategies, and international cooperation has often been neglected. Pollution from plastic-based products, such as polythene bags, is a serious concern not only in India but all across the world. Currently, there are no such stringent laws that can address the concerning issue, but in recent years, global efforts have intensified to address this issue. This article explores the concerning crisis, the legal framework both in India and internationally, plastic waste management strategies, challenges in the implementation of Rules, and a sustainable approach to address the plastic disposal, including the 2022 agreement among countries for a Plastic Ban Treaty, India’s role in such proposed international agreements, and the European Union’s push for a comprehensive global plastic ban treaty.
The Comprehensive Plastic Crisis
Plastics are mainly composed of binders, fillers, pigments, plasticizers, and other additives.[1] It is ubiquitous in modern life because of its versatility, durability, and low cost. Due to the cost-effectiveness and availability of plastic, there has been an increment in versatility of plastics in the world, its usage has become an integral part of daily life worldwide, for instance, usage in packaging, construction, and other materials. Non-biodegradable nature has persisted in the environment for more than a century. It takes 20 to 500 years to decompose, which poses a serious concern to the environment and health.[2] Due to this, plastic is starting to contaminate soil and water bodies, causing destruction to other living entities, and posing risks to wildlife that ingest or become entangled in plastic debris. The plastic objects from human cultural heritage are material testimonies of our technology, industry, and history. [3]
When daily consumption is increasing at its highest rate, and if it is not managed properly, it may lead to a series of environmental and health-related issues that are increasingly becoming a concerning issue globally. [4] In research, it was found that regular and long-lasting use of plastics has increased the risk of microplastics in the water bodies as well as in human blood streams. Traces of polyethylene terephthalate (PET) plastic are found in the blood samples, widely used for manufacturing drinking bottles. [5]
Continuously dumping of garbage, especially plastic on the land may reduce the fertility of the land. The impact the mismanagement of plastic has on wildlife, particularly marine and aquatic animals, is that they often mistakenly consume plastic debris as food, which causes them to indigest the food, which causes physical harm, malnutrition, or even death.
The Need for a Global Plastic Treaty
The global plastic treaty is gaining tremendous pace with the UNEA Resolution of 2022, wherein 175 countries adopted the landmark resolution during the United Nations Environment Assembly held in Nairobi, Kenya (cite the resolution). The resolution marked a landmark step in the fight against plastic pollution globally, indicating the need for a legally binding global framework to govern the whole lifecycle of plastics-from production to disposal. The landmark resolution is, in essence, the collective realization of the depth in terms of the environmental, economic, and social impacts that plastic pollution presents and the necessity of concerted action at a global level. Essentially, suggesting a global plastic treaty amounts to the goal of devising a multi-dimensional approach for dealing comprehensively with the crisis of plastic pollution.[6]
One of the main objectives of the treaty is that it seeks to establish and implement global regulations that cover the whole life cycle of plastics. The entire issue, from production and material source to waste generation, recycling, and disposal, falls under the comprehensive structure. If it is constructed as a holistic framework, it would let the countries handle the plastic’s life cycle appropriately and sustainably.
The treaty stresses binding reduction targets for plastics production and consumption. This would nudge the countries to restrict their use of plastics, inspire them to create alternatives, and motivate them to adopt circular economies, among other things. The treaty would promote sustainable practices to reduce the amount of plastic waste generated. This would be achieved through innovation in material and recycling technologies and waste management systems that minimize single-use plastics, foster more sustainable alternatives, and help in moving toward biodegradable materials or more easily recyclable plastics as examples of sustainable practices.
Intergovernmental Negotiating Committee
The International Negotiating Committee (INC) on plastic pollution is an important body established by the UNEA as a response to the urgent need for a global treaty to combat plastic pollution. Following the adoption of resolution 5/14 in March 2022, the INC is a body formed to develop a legally binding international instrument on the whole lifecycle of plastics from production and consumption to waste management and recycling. [7] The committee will work towards achieving sustainable practices, reducing plastic waste, and mitigating pollution within the marine and terrestrial environment. [8] Particular focus will be laid on the support given to developing countries by stable financial mechanisms. Recent sessions, including INC-5, held from November 25 to December 1, 2024, in Busan, South Korea, failed to reach a final agreement with continuing disagreements on binding commitments and specific measures despite heavy participation from more than 170 nations. As negotiations roll into 2025, the INC remains an important platform to foster international cooperation and shape effective strategies to tackle one of the most pressing environmental challenges of our time.[9]
International Frameworks on Plastic Waste Management
European Union on Plastic Pollution
An international framework strong enough to address the plastic pollution problem and prevent one country from being left behind in managing plastic waste is what the EU is demanding. As part of this advocacy, the EU has been consistent in emphasizing the need for binding commitments that would force all nations to reduce plastic production and enhance waste management systems.[10] The Union asks for sustainable alternatives for single-use plastics, such as biodegradable material and the use of circular economy principles. It would then mean significantly reducing the amount of waste from plastic production and its disposal through minimizing, reusing, and recycling. [11]
The EU emphasizes the “Polluter Pays Principle, ” advocating for major producers to bear their share of the financial responsibility for plastic pollution. Existing financial arrangements and private sector contributions should be used for the implementation of the future agreement.[12] The EU supports large action on plastic pollution, but its member states are at different levels of readiness to be bound by particular actions, especially regarding finding a balance between environmental and economic interests.
UN High Seas Treaty
India is among the countries that entered into the UN High Seas Treaty. The treaty deals with marine biodiversity beyond national jurisdictions, which is important in combating plastic pollution in international waters. Being a signatory to the treaty, it will help India stand by the declaration of being well-placed in declaring its role to safeguard the international marine ecosystem from the severe impact of plastic pollution. This also matches India’s commitment to fulfilling the 2030 Agenda for Sustainable Development. India’s approach is now to join hands together to address and solve pressing environmental concerns such as plastic pollution by participating in international environmental conventions. Besides the international commitment, India has introduced several policies and programs to be undertaken in its internal sectors. The success of the programs is very crucial to reducing the effects of plastic waste on the environment and will also act as an example for other countries, particularly developing nations facing similar conditions.[13]
Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, 1989 [14]
The Basel Convention is the only legislation that is legally binding on the globe that specifically addresses plastic waste. Till now, over 7 billion tons of plastic waste have been generated by humans. We have recycled less than 10 percent of the plastic waste. In 2016, 14 million tons of plastic waste were traded among 23 countries. Since 2018, there has been a frightening surge in the illegal plastic trade. However, from 2016, things started changing when the Conference of the Parties (COP25) to the Basel Convention adopted the Plastic Waste Amendments. [15]
The amendments clarify which types of plastic waste are subject to the Convention’s control procedure for exports, transit, and imports. This will lead to improved control of transboundary movements, increased environmentally sound management, and enhanced waste prevention and minimization. The plastic waste partnership was established to promote the environmentally sound management of plastic waste. The partnership has already initiated 23 pilot projects around the world. Technical guidelines for the identification and environmentally sound management of plastic waste and their disposal are being updated. The Environmental Network for Optimizing Regulatory Compliance on Illegal Traffic supports parties in law enforcement to combat illegal traffic. Technical assistance projects are being implemented at the global, regional, and national levels.
The MARPOL Convention (International Convention for the Prevention of Pollution from Ships, 1973)
The International Convention for the Prevention of Pollution from Ships (MARPOL) is the main international convention covering the prevention of pollution of the marine environment by ships from operational or accidental causes. The Convention was adopted on 2 November 1973 at the International Maritime Organization. Annex V of the MARPOL Convention specifically deals with the prevention of pollution by garbage from ships. Annex is the complete ban imposed on the disposal into the sea of all forms of plastic. [16]
The Convention for the Protection of the Mediterranean Sea Against Pollution (Barcelona Convention), 1976
The Convention was adopted in 1976 and came into force in 1978. The main objective of this convention is for the contracting parties to take all suitable measures to prevent, abate, and eliminate the disposal of waste in the Mediterranean Sea. It aims to protect and enhance the marine environment that may contribute towards its suitable development.[17]
Indian Frameworks on Plastic Waste Management
India’s active participation in global plastic waste management enabled it to display its commitment towards international cooperation coupled with integrated efforts towards sustainability at home. India, being one of the largest countries in terms of population, plays an indispensable role in the current international discussions on plastic pollution as well as in action in terms of both the implementation of national policies and contributing towards global agreements. India has shown commitment to international environmental endeavors by signing several agreements emphasizing sustainability and environmental protection.
Municipal Solid Wastes (Management and Handling) Rules, 2000 [18]
The rules were implemented in 2000 by the Municipal Authorities, as these authorities are responsible for the management of municipal solid waste. Every municipal authority shall, within the territorial area being responsible to the municipality, be responsible for the implementation of the provisions of these rules and for any infrastructural development for the collection, storage, segregation, transportation, processing, and disposal of municipal solid wastes. [19] At present, source segregation means separating municipal solid waste into the groups of organic, inorganic, recyclables, and hazardous waste, which is mandated in the Waste Management Rules 2016 and is practiced in cities like Indore, Mumbai, Bangalore, and other places. [20]
Recycled Plastics Manufacturing and Usage Rules, 1999
The Recycled Plastics Manufacturing and Usage Rules, 1999, a framework that was founded to control the manufacturing, usage, and recycling of plastic products pertinent to the management of plastic waste. The rules are applicable since the date of publication in the Official Gazette and are guided by the Environment (Protection) Act of 1986. It is forbidden for recycled plastic bags or containers to be used for the storage of foodstuffs; hence, safety and health standards are ensured.
The implementation of the rules and regulations is entrusted to the respective State Pollution Control Board and District Collector, and under these laws, their duties would involve ensuring that plastic waste is properly disposed of, collected, and recycled. By ensuring that environmental concerns are sacrificed, pollution is curtailed, and responsible usage and recycling of plastics are promoted, the rules protect environmental sustainability.[21]
They prohibit the use of recycled plastic bags or containers for storing foodstuffs, ensuring safety and health standards. The rules stipulate the manufacturers to follow the guidelines for the production of plastic carry bags, ensuring that they meet specific measures for thickness, use of pigments, and recycling standards. [22]
Plastic Waste Management Rules, 2016
Plastic Waste Management Rules were enacted in India on 18th March, 2016, with an aim to regulate plastic waste management in the country. The rules put accountability on different stakeholders, such as manufacturers, consumers, and local bodies. The rules aim to reduce single-use plastics, increase recycling rates, and enhance the systems of waste management. These rules also emphasize EPR, where the manufacturer is liable for the post-consumer life of his plastic product.[23]
Major amendment in the Rules, 2025, aimed to bring multiple benefits to the regulation of plastic waste, they are:
- Using barcodes or QR codes, will aid in improve traceability, tracking manufacturing, distribution, new marketing and labelling strategies make plastic packaging easily traceable,
- Customer knowledge of the proper information on packaging, which helps the customer make the right product choice and utilize it in the environment.
- The packaging may have a unique number printed on it, but it should only be utilized if all of Rule 11’s requirements have been met. [24]
Challenges in the implementation of the Plastic Waste Management Rules, 2016:
India faces significant challenges while implementing Plastic Waste Management Rules, especially plastic. One of them is lack of public awareness and participation. The absolute ignorance among the public on the disposal of plastic. There is no such specific legislation on the subject. Large-scale use of plastic and polythene bags stops and blocks the normal flow of the river or water, poses serious logging problem, poses a peril to public hygiene, and creates environmental pollution.
The COVID-19 pandemic has heightened the complexities of plastic waste management. To protect oneself, the use of Personal Protective Equipment (PPE) kits, has tremendously increased in use and disposal after single use, generating a huge amount of plastic waste. [25]
Sustainable Approach to Address the Plastic Debris
The UNEA resolution and the work of the Intergovernmental Negotiating Committee have so far brought some progress. However, it remains a difficult task that is required to achieve a comprehensive and binding agreement. Plastic pollution is a complex situation that needs balancing environmental interests with economic ones and the differences in the capacity of countries to manage plastic waste. There is an urgent need to improve plastic waste management practices, promote sustainable approach and properly recycle of the plastic debris. Public awareness campaign and educating the communities need to be done on reducing plastic use and the proper way of disposing of the plastics.
The current plastic pollution crisis must quickly adopt comprehensive measures that include the setting of legally binding, time-bound targets to cap and a dramatic decrease in the production of virgin plastic within earthbound limits. This includes the cessation of single-use plastics and other problematic products made from plastic, such as intentionally added microplastics. The new reuse systems must be planned against the linearly used packaging system and are supposed to reduce material input, divert solid waste from landfills, and also reduce pollution.
Treaties should put stringent actions and bans on the use of various toxic chemicals in all plastics, such as brominated flame retardants phthalates, hazardous polymers, and PVC. [26] It should not endorse solutions such as chemical recycling, incineration, and plastic credits that end up imposing the same system of production and pollution as the previous one. Tough global plastic waste trade laws should be based on export bans from OECD to non-OECD states and bans on waste plastic for thermal treatment or plastic-to-fuel methods.[27]
Furthermore, the convention should make transparent the management of illegal circulation of recycled plastics, harmonize definitions of waste, and ensure fair transition arrangements for workers and communities that are affected by the production and disposal of plastics with particular attention to the rights of Indigenous people and communities on the front lines. Ultimately, plastic credits must not be recognized, as they fail to address the core issue of plastic reduction and often rely on harmful disposal practices, thereby undermining genuine progress toward solving the plastic conundrum.[28]
Conclusion
Plastic pollution has become one of the most pressing environmental concerns in the world. Its continuous use has accumulated a presence in ecosystems, oceans, and landfills. The adoption of the UNEA Resolution in 2022 and the ongoing negotiations led by the Intergovernmental Negotiating Committee represent critical steps toward establishing a global plastic treaty. However, substantial challenges remain, particularly in balancing environmental goals with economic interests and addressing the differing capacities of countries to manage plastic waste.
At the national level, India has made significant legal frameworks such as Plastic Waste Management Rules, with an aim to promote recycling and alternative materials. However, implementation of the rule challenges persists, including public awareness and their participation, exclusively in the COVID-19 pandemic, which has exacerbated the plastic waste.
Globally, legal frameworks like the UN High Seas Treaty, the Basel Convention, and the MARPOL Convention determine the increasing drive for international cooperation to combat plastic pollution. Despite advancement, the complexity of global negotiations requires continued dialogue, collaboration, and commitment from all stakeholders in order to ensure that the proposed plastic treaty is robust and effective in reducing plastic production, enhancing recycling, and promoting sustainable methods.
Ultimately, the key to mitigating plastic pollution lies in a holistic, multi-faceted approach that encompasses legal frameworks, effective waste management systems, sustainable production practices, and widespread public education. The global community must act decisively to reduce plastic waste, transition to circular economies, and safeguard both human and environmental health for future generations. Only through sustained efforts and international cooperation can we hope to resolve the plastic crisis and create a cleaner, more sustainable world.
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