Kerala High Court: In a suo motu writ petition concerning unregulated and irresponsible disposal of plastic waste which has been causing widespread plastic pollution, the division bench of Bechu Kurian Thomas* and Gopinath P.,JJ. after giving anxious consideration to the negative impact of plastics on the environment, held that it was necessary to prohibit single-use plastics in the hilly areas of the State.
The Court also emphasised that directions to restrict the use of plastics in all official functions, as well as in private gatherings like weddings in hotels and auditoriums across Kerala, were felt to be necessary. Other directions were deemed essential, bearing in mind the fundamental right of every person to a pollution-free environment.
Keeping in mind the duties and rights enshrined in the Constitution to protect the environment, the Court deemed it appropriate to issue the following directions:
- The use and sale of single-use plastics, including plastic food containers, plastic plates, plastic cups, plastic straws, plastic sachets, and plastic bakery boxes, were hereby banned in the hilly tourist areas of the State. This ban did not apply to 5-litre plastic water bottles and 2-litre plastic soft drink bottles. Non-woven bags of 60 GSM and above, which were subject to an appeal against the judgment in the Nibu Kasim case, were also excluded, subject to the outcome of the writ appeal.
- The use of plastic water bottles of capacity below five litres, plastic soft drink bottles of capacity less than 2 litres, plastic straws, plastic plates, plastic cups, and plastic cutlery was hereby banned in all Official/Central/State Government functions conducted within the State of Kerala.
- The use of plastic water bottles of capacity below five litres, plastic soft drink bottles of capacity less than 2 litres, plastic straws, plastic plates, plastic cups, and plastic cutlery was hereby banned in all wedding auditoriums, hotels, restaurants, etc., in the entire State of Kerala. The prohibition of single-use plastic items in functions held in hotels and auditoriums was directed to be made a part of the licensing conditions issued to such establishments.
- Sufficient water kiosks should be set up at different locations in hilly tourist areas to provide clean and safe drinking water. Alternative measures should be taken to make water available for supply or purchase through glass bottles or kiosks. The District Administration and Local Self Government Institutions were directed to provide drinking water to tourists in high-footfall hilly tourist destinations at reasonable distances. Facilities like water dispensing machines and kiosks for selling water in steel, copper, or glass bottles were suggested for the said purpose.
- Tourists were directed to be prevented from carrying single-use plastics to hilly tourist areas. Tourists should be encouraged to carry their own water bottles, which were not made of single-use plastics.
- State and Local Self Government Authorities were directed to initiate appropriate steps to prevent the dumping of plastic waste into rivers, canals, backwaters, etc., and to collect plastic waste that flowed through these water bodies within their jurisdiction. Voluntary organizations could be requested to provide support in this effort.
- Adequate public awareness and advertising campaigns should be conducted through various forums to instill in the public the harmful effects of using single-use plastics and to encourage alternative methods. Visual media should be prompted and encouraged to show awareness videos on restricting the use of plastic, especially single-use plastic, and the ill effects of rampant plastic waste dumping. The print media should also be prompted to engage in such campaigns.
- The rules relating to Extended Producer Responsibility (‘EPR’) in Rule 9 of the Plastic Waste Management Rules, 2016, and other provisions were directed to be implemented strictly.
- These directions were to come into effect from 02-10-2025, within which period the State Government was required to take adequate steps to implement the directions.
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The Chief Secretary of Kerala and the Special Secretary to the Local Self Government Department were directed to coordinate the implementation of these directions, along with the Local Self Government Institutions, the Pollution Control Board, and the State Police.
The Court noted that the unregulated and irresponsible disposal of plastic waste had become a significant cause of environmental pollution. Plastic, being non-biodegradable, posed a grave threat to all life forms on Earth. While plastic was known for its convenience and durability, its extensive use had unleashed a veiled monster—plastic pollution. Unfortunately, after the COVID-19 pandemic, there was a significant increase in plastic usage, which further endangered the environment. As plastic broke down, it transformed into harmful microplastic nodules that found their way into water bodies and were ultimately consumed by both humans and animals. The global challenge of plastic waste disposal had become a serious issue.
The Court also observed that despite the growing awareness of the dangers of plastic, alternatives had not permeated mainstream human lifestyles. The lack of viable alternatives and the undeniable convenience of plastic were cited as key reasons for this. However, the Court emphasised that the Constitution of India compelled each citizen to conserve the environment for future generations, a trust bestowed upon them by the Constitution itself. As such, the Court stressed the need for society to minimize the use of plastic wherever possible.
Additionally, the Court highlighted the grave health hazards associated with the prolific use of plastic and its unscientific disposal. It referred to Articles 47 and 48A of the Constitution, which directed the State to improve public health and protect the environment, respectively. Furthermore, it reminded citizens of their fundamental duty under Article 51A(g) to protect the natural environment and show compassion for living creatures.
The Court took note of the Government of Kerala’s orders from 17-12-2019, banning the manufacture, storage, transport, and sale of Single-Use Plastics (SUPs) with effect from 01-01-2020, and the Kerala State Pollution Control Board’s order from 11-10-2018. Despite these orders, the Court acknowledged the rampant and unchecked use of single-use plastics across the state, particularly in hilly areas, where plastic disposal had become a serious health issue due to heavy tourist footfall.
Finally, on 24-01-2025, the Court expressed the urgent need to prohibit single-use plastics, starting with the hilly areas of the state. It directed the filing of a detailed report. On 10-02-2025, a report from the Special Secretary to the Local Self Government Department was submitted, identifying and listing the affected hilly areas.
The Court noted that another area of significant concern was the unrestricted use of plastic water bottles in official functions and other events like weddings held in the State. At these functions, each table was provided with small plastic water bottles. The quantity of plastic waste generated through this unchecked distribution of plastic water bottles was alarming. The Court suggested that appropriate alternatives, such as glass bottles or kiosks set up inside the halls for refills in glasses or glass bottles, could be provided as solutions to minimize plastic waste.
The Court also highlighted that unchecked plastic littering had become a serious menace. Water bodies were filled with plastic waste, and no efforts had been made by anyone to clear the water bodies of plastic contamination. The Court observed that if every local authority started regularly collecting the plastic waste that flowed through or remained in the water bodies within their jurisdiction and disposed of it properly, there could have been a drastic reduction in the amount of plastic that flowed into the sea.
The Court said that be that as it may, the State Governments had the power to regulate the use of plastics in their respective states by virtue of Section 23 of the Environment (Protection) Act, 1986 and the Plastic Waste Management Rules, 2016. The Government of Kerala had taken appropriate measures in the exercise of the powers conferred by the aforementioned legislation. This was evident from the various orders issued by the Government to ban single-use plastics on 27-11-2019 and subsequent clarificatory orders. Despite these steps taken by the Government, the issue with respect to plastic, especially single-use plastics, remained rampant in Kerala.
In this context, the Court also mentioned that in 2022, the Plastic Waste Management Rules, 2016 were amended, and the manufacture, import, stocking, sale, and even use of as many as 19 single-use plastic items—such as ear buds with plastic sticks, plastic flags, plastic sticks for balloons, plastic plates, cups, glasses, cutlery, straws, etc.—were totally banned with effect from 01-07-2022. The Rules also introduced Extended Producer Responsibility (EPR), which mandated every producer, importer, and brand owner who introduced any plastic packaging in the market to be responsible for its collection.
Various other regulations and restrictions were also introduced through the Rules, including the responsibility upon local authorities for managing the plastic waste generated and ensuring that no damage was caused to the environment. The Court questioned whether these provisions had gained the attention of those responsible and stated that the time had come to ensure that the Rules were implemented in their letter and spirit.
In this background, the Court said that it was necessary to take proactive steps to enforce the fundamental right of every person to a clean environment and the fundamental duty of all to protect and improve the natural environment.
[Suo Motu Writ petition initiated by the High Court, 2025 SCC OnLine Ker 3812, decided on 17-06-2025]
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