The Jharkhand High Court has held that corruption, lack of infrastructure, and weak enforcement have rendered the State's ban on plastic carry bags and single-use plastics ineffective.

A Division Bench of Chief Justice Tarlok Singh Chauhan and Justice Rajesh Shankar were hearing a PIL filed by one Dr. Santanu Kumar Banerjee over lack of serious enforcement of the plastic ban by various governmental agencies, despite the existence of laws.

The Court emphasised that enforcement must be matched with systemic reforms. It directed the respondents to ensure that “monitoring systems are established with a centralized and multi-tiered structure to track enforcement efforts across different levels of governance.” It further ordered that “penalties should be sufficiently stringent to act as a genuine deterrent to violators, with clear timelines for compliance and immediate action on violations.”

The Court also mandated wider public participation, stating that “sustained and widespread campaigns through schools, communities, and business associations should be carried out to create awareness of the harms of plastic pollution and the need for behavioral change.” Furthermore, it said that “the State should promote and subsidize alternative products such as biodegradable bags, cloth bags, and compostable materials to reduce dependence on plastics.”

The Court directed that the State must be held accountable, while observing, “political accountability should be strengthened through regular reporting, audits, and transparent disclosures of enforcement data.”

The Court also directed the State to examine the petitioner's detailed suggestions, including promotion of glass and steel bottles, buy-back centres for plastic waste, and mandatory collection and delivery of plastic waste by large commercial establishments to authorized recyclers.

The matter will now be taken up on 16 October 2025 for the respondents to place their counter-affidavits.

Case Title: Dr. Santanu Kumar Banerjee v. State of Jharkhand & Ors.

Case Number: W.P. (PIL) No. 5151 of 2025

Appearance:

For the Petitioner : Mr. Aditya Banerjee, Advocate

For the State : Mr. Piyush Chitresh, AC to AG

For the SPCB: Mrs. Richa Sanchita, Adv

Mr. Suman Roy, Advocate

For the UOI: For the RMC: Mr. Anil Kumar, ASGI

Mr. L.C.N. Sahdeo, Advocate

Click here to read order