Kerala High Court Issues Directions To Enforce Ban On Certain Single-Use Plastics, Orders Strict Compliance

The Division Bench of Chief Justice Nitin Jamdar and Justice S. Manu was considering a PIL that pointed out that many manufacturers of plastic were conducting business without getting the necessary registration. On the Court's direction, the Kerala State Pollution Control Board (KSPCB) submitted before it an affidavit detailing the steps it was proposing to take to tackle the issue. Pursuant to that, the Additional Chief Secretary of the Local Self Government Department issued an order with the following instructions for strict compliance

1. Local Self Government Institutions (LSGI) shall assist KSPCB in the identification of manufacturers and suppliers of banned SUP items
2. LSGIs shall independently and jointly with KSPCB conduct exhaustive inspection drives at regular intervals in their areas to identify manufacturers and suppliers of banned SUP items including the plastic-coated SUP items and compostable commodities.
3. The enforcement squads shall conduct District-wise squad work for identification of major commercial establishments and stockists/ retailers/ sellers/importers and other similar entities which are dealing in bulk in the aforementioned SUP and compostable/ biodegradable commodities not certified by the Central Pollution Control Board (CPCB).
4. The Enforcement Squad shall conduct inspections at Producer, Manufacturer, Importer, Brand Owner (PIMBO) engaged in plastic packaging including compostable carry bags and sheets to ensure that units are registered on the Centralised EPR Portal.
5. The Enforcement Squad shall conduct regular inspection of entities to ensure that only entities having authorized certificates from CPCB are involved in selling compostable plastics.
6. The Board shall conduct regular interactive sessions including convening meetings and organizing workshops with stakeholders in the matter.

The Court had while monitoring the issue directed the State Government to explore developing an app in the style of CPCB's SUP-CPCB where citizens can lodge complaints about distribution of unauthorised plastic and monitor its progress. It was brought to the notice of the Court that the LSGD have a War Room Management Portal for the district enforcement which is connected with a single contact number through which citizens can inform about garbage/ waste dumping in public places to the bodies maintained by the LSGD.

The State had also informed the Court that it was planning to have a one-year sensitization drive to inform vendors and retailers about the requirements under Rules 11, 13 and 14 about giving details on the plastic packaging, registration and the restriction on retailer not to sell the plastic bags which are not following these conditions.

After considering the order issued by the State, the law and the submissions of the parties, the Court issued the following directions:

1. There shall be strict compliance with the order issued by the Government and any violations is to be reported to the concerned authority so that the Government can take actions.
2. KSPCB, as part of its plan to educate retailers and vendors, will conduct meetings with State and District Level Associations, office bearers of producers, recyclers, manufacturers and Enforcement Squad stakeholders within one month. District-level meetings with Associations, office bearers and Enforcement squad shall be conducted within 2 months.
3. KSPCB, as part of its plan, will conduct awareness program for the retailer and vendors in co-ordination with the Local Self Government Department, Suchitwa Mission, the relevant local bodies, and educational institutions. These activities can include awareness sessions, exhibitions on plastic alternatives, street plays involving educational institutions and Non – Governmental Organizations, media advertisements, short films, recognition of best practices, and preparation of informational brochures. Similar activities should be replicated next year.
4. The KSPCB in collaboration with the State Government should develop a mobile app similar to SUP-CPCB. It should be launched within 3 months. The Board should take action on the violations reported on the app.

The Court added that the KSPCB, the petitioner or any public-spirited person/ NGO with bonafides can approach the Court if any further direction are required regarding the functioning of the enforcement squads ot assistance to Pollution Control Board.

Counsel for the Petitioners: Advocates P. B. Sahasranaman, T. S. Harikumar, Sanand Ramakrishnan

Counsel for the Respondents: Advocates M. Ajay, T. Naveen (SC), V. Tekchand, G. Hariharan, K. S. Smitha, Amal Dev D. T. T. Shaniba

Case No: WP(C) 16253 of 2023

Case Title: Sudhakaran K. V. v Central Pollution Control Board and Others

Citation: 2025 LiveLaw (Ker) 178