Kerala High Court Suo Moto Bans Use Of Plastic Bottles And Products In Official And Private Gatherings
In the suo motu Writ Petition, the Kerala High Court expressed its concern about the alarming increase in the use of plastics, which is endangering the environment.
The Kerala High Court held that every person has the fundamental right to a clean environment, while directing the prohibition of single-use plastics in the hilly areas and the use of certain types of plastic bottles and products in official functions and private gatherings in the State.
In a Suo Motu Writ Petition, the Kerala High Court expressed its concern about the alarming increase in the use of plastics, which is endangering the environment.
The Division Bench of Justice Bechu Kurian Thomas and Justice Gopinath P. observed that “it is 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. After giving our anxious consideration to the negative impact of plastics on the environment, we are of the view that it is necessary to prohibit single use plastics, in the hilly areas of the State. Directions to restrict the use of plastics in all official functions and even in private gatherings like weddings etc., in hotels and auditoriums all over the State of Kerala are also felt necessary.”
Court’s Reasoning
Due to unregulated and irresponsible disposal of plastic waste, there is an increase in environmental pollution. The Kerala High Court took Suo Motu cognizance, noting that the Constitution of India behoves each of us to conserve our environment for the future generation.
The Bench emphasised upon the Directive Principles of State Policy and Fundamental Duties, stating that “Article 47 of the Constitution of India, directs, as a policy of the State, to improve public health, while Article 48A provides that the State must endeavour to protect and improve the environment and wildlife of the country. Similarly it is a fundamental duty of every citizen under Article 51A(g) to protect the natural environment, forests, lakes, rivers and wildlife and also to have compassion for living creatures”.
While referring to various steps and initiatives taken by the Government of Kerala, the Court mentioned that in 2019, the Government of Kerala had issued an order banning the manufacture, storage, transport and sale of single-use plastics. Similarly, Kerala State Pollution Control Board banned single-use plastics in 2018.
The Court prohibited the use of single-use plastics in hilly tourist destinations in Idukki, Thrissur, Palakkad, and Wayanad districts of Kerala. The list of plastic items, such as plastic water bottles (below 2L), use and throw plastic food containers, plastic products like cups, plates, bags, soft drink bottles (less than 500 ml), laminated bakery boxes, as mentioned in the order, would be banned in the hilly areas.
Keeping in mind the duties and rights enshrined in the Constitution of India, the Kerala High Court passed the following directions:
1. Use and sale of single-use plastics were banned in the hilly tourist areas;
2. 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 are hereby banned in all Official/Central/State Government functions to be conducted within the State of Kerala;
3. 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 are hereby banned in all wedding auditoriums, hotels, restaurants, etc., in the entire State of Kerala;
4. Sufficient water kiosks should be set up at different locations in hilly tourist areas to provide clean and safe drinking water;
5. Tourists shall be prevented from carrying single-use plastics to hilly tourist areas;
6. Adequate public awareness and advertising campaigns should be resorted to through the various fora to instil in the public the harmful effects of the use of single-use plastics and encourage the use of alternative methods.
The Kerala High Court observed that such directions and the ban on single-use plastic would come into effect from October 2, 2025, within which period, the State Government should take adequate steps to implement the above directions.
Cause Title: Suo Motu V. The State of Kerala & Anr. (WP(C) NO. 7844 OF 2023(S))
Appearance:
Respondents: Advocate General K. Gopalakrishna Kurup for State of Kerala, The District Collector, Kakkanad, Eranakulam, The State Police Chief, Kerala Police Headquarters, and The Additional Chief Secretary, Local Self Government Department, Senior Advocate Ranjith Thampan and K. Janardhana Shenoy (Standing Counsel) for Kochi Municipal Corporation, Advocate T. Naveen (Standing Counsel) for Kerala State Pollution Board, Advocate C.E. Unnikrishnan for The Director General, Kerala Fire and Rescue Services, Advocate Antony Mukkath (Standing Counsel) for Kerala State Electricity Board, Dy. Solicitor General of India & T.C.Krishna (Senior Government Counsel) for National Highway Authority of India and Southern Railways, Advocate K.S.Prenjith Kumar (Central Government Counsel) for Southern Railways, Advocate Suman Chakravarthi for The Municipal Corporation of Thiruvananthapuram, Advocates Vinu T.V, Vishnu.S and Pooja Menon, Amicus Curiae and Advocate Mohammed Shah.
Click here to read/download the Order