Supreme Court Stays Kerala HC's Ban On Single-Use Plastics In Hilly Areas

The bench of CJI BR Gavai and Justice K Vinod Chandran was hearing the challenge against the Kerala High Court order which banned the use and sale of single-use plastic in the State especially in hilly areas, public functions and weddings.

The bench issued notice in the matter and stayed the operation of the impugned direction.

The petition is filed by manufacturers of compostable carry bags and compostable paper products. The plea states that impugned directions were passed by the High Court beyond its scope of jurisdiction.

The petition states that suo motu writ petition began in March 2023 after a major fire at the Brahmapuram Solid Waste Plant, based on news reports. Initially, the Chief Justice's Bench limited the case to enforcing the Solid Waste Management Rules, 2016, as stated in its order dated 21.03.2023.

They contended that the High Court, in its order dated 17.06.2025, went beyond this scope and issued directions under the Plastic Waste Management rules. It banned the use and sale of several Single Use Plastic (SUP) items across Kerala, particularly in hill stations, events, and the hospitality sector, despite its earlier decision to focus only on solid waste issues.

The petition argues that the High Court's directions were issued without following due process. It points out that no draft was published for public or stakeholder feedback, and the report relied on by the Court was never made available on its website.

The plea further contends that the directions go beyond, and in some parts contradict, the existing Plastic Waste Management Rules, 2016 - the central framework governing plastic use in India. It also highlights that a coordinate Bench of the same High Court had, on 07.03.2025, already ordered the effective enforcement of these Rules in a separate matter (WP(C) No. 16253 of 2023), which the impugned order failed to consider.

Background

The directions issued by the High Court were :

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^ndOctober, 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.

Counsel for petitioners : Sr. Adv P.B.Krishnan appeared along with Adv. Sanand Ramakrishnan

Case details : Ms Anna Polymers, Through its Proprietor v. Suo Motu Writ Petition intitiated by the High Court & Ors.| DIARY NO. - 38486/2025 

Click Here To Read/Download Order