Kerala High Court Directs Action Against Dumping Of Plastic Waste At Sabarimala Which Led To Deaths Of Elephants & One Deer
The Kerala High Court took suo motu cognizance regarding the disposal of plastic wastes accumulated near the incinerators at Sannidhanam, which is a threat to the wild animals.
The Kerala High Court has directed action against the dumping of solid waste including plastic waste at Sabarimala, which has led to deaths of some elephants and one deer.
The Court took suo motu cognizance regarding the disposal of plastic wastes accumulated near the incinerators at Sannidhanam, which is a threat to the wild animals.
A Division Bench of Justice Anil K. Narendran and Justice Muralee Krishna S. observed, “Since Sabarimala Sannidhanam is having the legal status of a notified Reserve Forest, Wildlife Sanctuary and Tiger Reserve, the unscientific dumping of solid waste including plastic waste, plastic jaggery bags and other non-biodegradable waste generated during Mandala-Makaravilakku festival season of 1200ME (2024-25) near the incinerator and the area behind Hotel Haribhavan at Sabarimala Sannidhanam, as evident from Annexures R6(a) to R6(f) photographs, and burning the said waste in open land, as evident from Annexures R8(d) and R8(f) photographs, are in violation of the provisions under the Wild Life (Protection) Act.”
The Bench noted that neither the Forest Department nor any of its officials have ever issued a direction to burn out the biodegradable or plastic waste inside the Periyar Tiger Reserve, since such an action would amount to violation of the provisions of the Wild Life (Protection) Act, 1972.
Senior GP S. Rajamohan, Special Government Pleader (SGP) Nagaraj Narayanan, Standing Counsel T. Naveen, S. Biju, and Amicus Curiae Sayujya Radhakrishnan appeared for the Respondents.
Facts of the Case
The Special Commissioner, Sabarimala had filed the report regarding the disposal of plastic waste accumulated near the incinerators at Sabarimala Sannidhanam, which was causing a threat to wild animals. In January 2025, when the report came up for consideration, the Standing Counsel for Travancore Devaswom Board sought time to get instructions. The Deputy Director, Periyar Tiger Reserve (West Division) was directed to file a report before the High Court on the issues pointed out by the Special Commissioner, Sabarimala. It was informed to the Court that due to the failure of the Travancore Devaswom Board (TDB) in removing the garbage in a time bound manner, elephants coming in herds started eating the garbage, including plastic and toxic materials.
It was further informed that the TDB officials openly set to fire certain portion of the garbage, including plastic and toxic waste, causing huge pollution inside the core area of Periyar Tiger Reserve, which is plainly illegal and amounts to a serious offence. A copy of the report on the death of a Sambhar Deer at Sabarimala Sannidhanam due to consumption of plastic, was also placed on record. The Court was also informed about the death of an elephant aged 10 years due to consumption of plastic waste. It was further informed that other wild animals including monkeys (Bonnet Macaque, Niligiri Langur, Lion Tailed Macaque), Malabar Giant Squirrel, Sambar Deer, Mouse Deer, Barking Deer, Porcupine, etc. and birds including endangered species of birds like Nilgiri Fly Catcher, Great Indian Hornbill, Malabar Grey Hornbill, etc., are seen by the Forest officials as consuming waste materials from these areas.
Court’s Observations
The High Court in view of the submissions made, remarked, “Despite several orders passed by this Court banning plastic and non-biodegradable materials at Sabarimala, heaps of plastic waste, plastic jaggery bags and other non-biodegradable waste were dumped by the Travancore Devaswom Board and the kuthaka holders of commercial establishments at Sabarimala Sannidhanam, resulting in serious harm to the flora and fauna of the ecologically sensitive biodiversity hotspot inside Periyar Tiger Reserve.”
The Court said that the consumption of plastic and plastic jaggery bags by wild elephants is catastrophic from the point of view of wildlife management. It added that the remaining plastic waste would be still in their stomach, which could result in serious health issues for wild elephants.
Court’s Directions
The Court, therefore, issued the following directions –
(i) The Deputy Director, Periyar Tiger Reserve (West Division), shall proceed in accordance with law, under the provisions of the Wild Life (Protection) Act, against the persons responsible for unscientific dumping of solid waste including plastic waste, plastic jaggery bags and other non-biodegradable waste generated during Mandala Makaravilakku festival season of 1200ME (2024-25) near the incinerator and the area behind Hotel Haribhavan at Sabarimala Sannidhanam, and for burning the said waste in open land, which had resulted in elephants coming in herds (including calves and sub-adults) started eating the garbage, including plastic and toxic materials, which is catastrophic from the point of view of wildlife management, and the dung of elephants showed remnants of plastic waste.
(ii) The kuthaka holders of hotels and light refreshment stalls at Sabarimala Sannidhanam, Pamba, Nilakkal and at the trekking path from Pamba to Sannidhanam who fail to segregate food and plastic waste into biodegradable bags for disposal, or who directly dump mixed waste into food waste pits, leading to plastic contamination, shall also be proceeded against, in accordance with law.
(iii) The ban on the use of plastic and other biohazardous materials at Sabarimala Sannidhanam, Pamba, Nilakkal and also at the trekking path from Pamba to Sannidhanam, in terms of various orders of the Court, shall be implemented scrupulously by all concerned and any violation by kuthaka holders or hawkers shall be taken seriously and appropriate action shall be initiated against them.
(iv) In view of the proceedings issued by the Chief Wild Life Warden under Sections 33, 33(b) and (c) and Section 4 of the Wild Life (Protection) Act, which was one issued in terms of the directions contained in the Orders of the Court, if a kuthaka holder at Sabarimala Sannidhanam, Pamba, Nilakkal and also at the trekking path from Pamba to Sannidhanam stocks or dispenses plastic in any form, for the first offence a fine of Rs.2,000/- has to be levied by the Forest officials; whereas in the case of second offence the fine will be Rs.5,000/-.
(v) In terms of the directions issued by a Division Bench, the Travancore Devaswom Board may inform the pilgrims, including those coming from outside the State of Kerala, in all politeness, the requirement to exclude plastic materials, including plastic packing materials viz. sachets, wraps, etc. to hold the objects in the holy Irumudies.
(vi) The Travancore Devaswom Board shall consider the suggestions made by the Assistant Engineer (Environmental) for improved solid waste management at Sabarimala, in consultation with the Kerala State Pollution Control Board and the Deputy Director, Periyar Tiger Reserve (West Division), and take an appropriate decision without any delay.
Accordingly, the High Court disposed of the SSCR and issued necessary directions.
Cause Title- Suo Motu v. State of Kerala & Ors. (Neutral Citation: 2025:KER:32757)
