Kerala High Court Upholds Govt Orders Banning Single-Use Plastic Across State

The Kerala High Court has recently passed a judgment upholding three state Government Orders (GOs) passed in 2019 banning single-use plastic in the State.Justice Viju Abraham was considering a batch of writ petitions preferred by Kerala Plastics Manufacturers Associations and several other persons challenging the government orders passed as early as in 2019. The court was also hearing a plea by Sprout Pvt. Ltd. seeking to implement the said government orders.In the writ petitions challenging the GOs, the petitioners had submitted that the state government was not competent to pass such an order in the absence of specific rules framed by the Central government.However, relying on the finding on the Supreme Court in Tamil Nadu and Puducherry Paper Cup Manufactures Association v. State of Tamil Nadu, the learned judge accepted the contention of the government pleader that the state government had invoked power under Section 5 of the Environment (Protection) Act, 1986.It observed:"In the light of the declaration of law by the Apex Court upholding the power of the State Government to issue ban orders regarding various stages of single use plastics, I am of the view that the challenge against the Government Orders are only to be rejected.Taking into consideration the above facts and circumstances, I am inclined to repel the challenge made in these writ petitions against the Government Orders referred to above".During the course of the proceedings, the Central Pollution Control Board brought to the notice of the Court Rules framed following the notifications dated 12.08.2021 and 06.07.2022 issued by the Ministry of the Environment, Forest & Climate Change, Government of India.For context, as per the aforesaid notifications, the Central government amended the Plastic Waste Management Rules, 2016. The Rules prohibit the manufacture, import, stocking, distribution, sale and use of certain single-use plastic, including ear buds with plastic sticks, plastic sticks for balloons, plastic flags, candy sticks, ice-cream sticks, thermocol for decoration, plates, cups, glasses, cutlery such as forks, spoons, knives, straw, trays, wrapping or packing films around sweet boxes, invitation cards, and cigarette packets, plastic or PVC banners less than 100 micron, stirrers prohibited with effect from the 1st July, 2022.Considering these notifications and the Rules, the Court further observed:"Taking into consideration the fact that the challenge against these Government Orders are repelled by this Court, it is made clear that the Government is duty bound to implement the directions in the Government Orders as well as the rules framed in this regard by the Government of India and if there is any breach, the petitioners will be free to represent the matter before the authority concerned, who shall take appropriate action in accordance with law."Thus, the writ petitions were disposed of.Case No: WP(C) No. 32780/2019 and connected casesCase Title: Glister Sachet India Pvt. Ltd. v. State of Kerala and Ors. and connected casesCitation: 2025 LiveLaw (Ker) 455Counsel for the petitioners: G. Hariharan, Praveen H., K.S. Smitha, T.T. Shaniba, M.V. Vipindas, Amal Dev D., P. Ravindran (Sr.), Cissy Mathews, Sarun Rajan, Jawahar Jose, Jaju Babu (Sr.), Brijesh Mohan, Joby Jacob Pulickekudy, Anil George, T. Ancy, N.B. Fathima Sulfath, K. Bincymol, Dajish John, Joseph Kodianthara (Sr.), Philip J. Vettickattu, Ebin MathewCounsel for Sprout Pvt. Ltd: Santhosh Mathew (Sr.), Praveen H., Arun Thomas, Jennis Stephen, Vijay V. Paul, Karthika Maria, Anil Sebastian Pulickel, Jaisy Elza Joe, Veena Raveendran, Sneha M.S., Abhijith E.R.Counsel for the respondents: K.V. Sohan, Riyal Devassy, N. Manoj Kumar, P.G. Pramod, P. Vijayakumar, M. Ajay, C. Dinesh, T. Naveen (SC, Kerala State Pollution Control Board), Krishnadas P. Nair, V.V. Surendran, P.A. Harish, Meena A., Harish R. Menon, Vinod Ravindranath, M.R. Mini, Ashwin Sathyanath, K.C. Kiran, M. Devesh, Thareeq Anver K., Anish Antony Anathazhath, K.T. ShyamkumarClick To Read/Download Judgment

Kerala High Court Upholds Govt Orders Banning Single-Use Plastic Across State

K. Salma Jennath

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