Kerala High Court Issues Directions Banning Certain Single-Use Plastics In Hilly Areas, Public Functions & Weddings

1. The use and sale of single use plastics including plastic food containers, plastic plates, plastic cups, plastic straws, plastic sachets, plastic bakery boxes are banned in the hilly tourist areas of the State with high footfalls. This ban shall not apply to 5L plastic water bottles and 2L plastic soft drink bottles.
2. Use of plastic water bottles of less than 5L, plastic soft drink bottles of less than 2L, plastic straws, plastic plates, plastic cups, plastic cutlery are hereby banned in all the official Central/ State government functions which will be conducted within the State.
3. Use of plastic water bottles of less than 5L, plastic soft drink bottles of less than 2L, plastic straws, plastic plates, plastic cups, plastic cutlery are hereby banned in all weddings, auditoriums, restaurants, hotels etc. in the entire State of Kerala. Prohibition of plastic water bottles of less than 5L, plastic soft drink bottles of less than 2L, plastic straws, plastic plates, plastic cups, plastic cutlery shall be made a condition while granting license to hotels, auditoriums etc.
4. Sufficient water kiosks should be set up at different locations in hilly tourist areas to provide clean and safe drinking water in hilly tourist areas. Alternate methods of providing water thorough glass bottle or kiosks should be made.
5. Tourists shall be prevented from carrying single use plastics to hilly areas. They should be encouraged to carry their own water bottles which are not made from single use plastic.
6. State/ Local Self Government shall take appropriate steps to prevent dumping of plastic waste to rivers, canals, backwaters etc.
7. State shall take steps to spread public awareness on the harmful effects of single use plastic and the dumping of plastic waste.
8. The rules relating to extended producer responsibility in Rule 9 of the Plastic Waste Management Rules, 2016 and other provisions shall be implemented strictly.

The order was passed by the Special Bench constituted of Justice Bechu Kurian Thomas and Justice Gopinath P. which was monitoring the waste management in the State. The Court said that the orders were necessary to protect the fundamental right of the public to have a safe and clean environment.

The directions shall come into effect on 2^nd October, Gandhi Jayanti day. The Court has asked the Chief Secretary, Special Secretary of Local Self Government Institutions to co-ordinate with the Local Self Government Institutions, State Pollution Control Board and State police for the effective implementation of the directions.

Case Title: Suo Moto v State of Kerala

Case Number: WP (C) 7844/2023 

Click Here To Read/ Download Order