"'Plastic Has Unleashed a Veiled Monster': Kerala High Court Invokes Constitutional Duties to Enforce Statewide Ban on Single-Use Plastics in Tourist Zones and Public Functions"
Isabella Mariam
The High Court of Kerala Division Bench of Justice Bechu Kurian Thomas and Justice Gopinath P. has issued a landmark order aimed at curbing environmental degradation caused by plastic pollution. The Court banned the use and sale of single-use plastics in major hilly tourist areas of the state and restricted their use in all government and private functions. The order, which takes effect from October 2, 2025, mandates sweeping regulatory actions by the State Government and local bodies to implement plastic alternatives, raise public awareness, and protect water bodies. The Court stated the urgency of implementing its directives to uphold the fundamental right to a clean environment and fulfil the constitutional duty to protect nature.
The case originated as a suo motu writ petition initiated by the High Court of Kerala concerning the unchecked proliferation of single-use plastics in the state, particularly in environmentally sensitive hilly regions. Multiple respondents were impleaded, including the State of Kerala, municipal corporations, the Kerala State Pollution Control Board, district administration authorities, and national entities like the National Highway Authority of India and Southern Railways.
The Court observed that despite prior bans on single-use plastics by the State Government through orders dated 27-11-2019 and 17-12-2019, plastic waste remained a pervasive issue, exacerbated post-COVID-19. The Kerala State Pollution Control Board had also issued orders earlier, notably on 11-10-2018, to ban such plastics. However, usage continued rampantly across all regions, including tourist-heavy hilly areas.
In response to the Court's direction on 24-01-2025, a report was filed by the Special Secretary to the Local Self Government Department, identifying hilly areas and high-footfall tourist destinations where the problem was most acute. The report included a detailed list of areas such as Munnar, Thekkady, Vagamon, Athirappally, and various tourist destinations in Wayanad.
The Court noted the specific hazards posed by plastic, particularly microplastics, to human and animal life, and the environment. The Constitution of India, specifically Articles 47, 48A, and 51A(g), formed the legal foundation for the Court's observations regarding public health, environmental protection, and citizens' duties.
Statutory frameworks cited included the Environment (Protection) Act, 1986, and the Plastic Waste Management Rules, 2016, as amended in 2022. The amended Rules banned 19 single-use plastic items and introduced the concept of Extended Producer Responsibility (EPR), making producers and brand owners accountable for the collection of plastic waste. Despite these regulations, the Court observed a lack of effective enforcement.
Precedents from other jurisdictions were also cited. The High Court of Madras, in G. Subramania Kaushik v. The Principal Secretary to Government of Tamil Nadu [WP No. 15120 of 2019], had issued a ban on the sale of plastic bottled water and wrappers in the Nilgiris. Similarly, the High Court of Meghalaya, in Phuyosa Yobin v. State of Meghalaya, directed the banning of plastic items around temple premises.
An earlier judgment by a single judge of the Kerala High Court in Nibu Kasim v. Union of India [2023 (1) KLT 359] had held that banning non-woven bags above 60 GSM without reference to statutory standards was arbitrary. The Court in the present matter acknowledged this precedent and excluded such bags from the current ban, subject to the outcome of the pending writ appeal.
The Court recorded that "Unregulated and irresponsible disposal of plastic waste has become a major cause for environmental pollution". It further stated that "Plastic being non-biodegradable, poses a serious threat to all life forms on earth". The judges noted the convenience and durability of plastic have "unleashed a veiled monster - plastic pollution".
The judgment observed, "Though convenient and durable, extensive use of plastic has unleashed a veiled monster - plastic pollution". It recorded that post the COVID-19 pandemic, there has been "an alarming increase in the use of plastics thereby endangering the environment even further".
The Court noted, "Our Constitution behoves each of us to conserve our environment for the future generation, a trust bestowed upon us". It stated that Article 47 directs the State to improve public health, Article 48A mandates environmental protection, and Article 51A(g) imposes a duty on citizens to protect nature.
The order referenced the 2022 amendment to the Plastic Waste Management Rules and stated, "The manufacture, import, stocking, sale and even use of as many as 19 single use plastic items... have been totally banned with effect from 01-07-2022". It further observed, "It is doubtful whether those provisions have even gained the attention of those responsible".
The Court stated that "unchecked plastic littering has become a menace" and stated that "no efforts have been taken by anyone to clear the water bodies of plastic waste". It recorded that if local authorities began "regularly collecting the plastic waste... there could be a drastic reduction in the quantum of plastics that flow into the sea".
In terms of broader national trends, the Court noted, "Many State Governments including Odisha, Puducherry and Haryana, have issued orders banning single use plastics". It also recorded that "The Government of Sikkim has also issued orders banning plastics".
The Court found that "Despite the steps taken by the Government, the issue with respect to plastic, especially single use plastics, is still rampant in Kerala".
The Court summed up its concern by stating, "We are of the view that it is necessary to prohibit single use plastics, in the hilly areas of the State" and stated that "Directions to restrict the use of plastics in all official functions and even in private gatherings like weddings etc., in hotels and auditoriums all over the State of Kerala are also felt necessary".
The Court directed that the use and sale of single-use plastics including plastic food containers, plastic plates, plastic cups, plastic straws, plastic sachets, and plastic bakery boxes are banned in hilly tourist areas with high footfall. The ban excludes 5-litre plastic water bottles and 2-litre plastic soft drink bottles. Non-woven bags of 60 GSM and above are also excluded, pending the outcome of the writ appeal.
The Court ordered that plastic water bottles below five litres, plastic soft drink bottles below two litres, plastic straws, plastic plates, plastic cups, and plastic cutlery are banned in all official government functions within the State.
In a similar manner, plastic items mentioned above are banned in wedding auditoriums, hotels, and restaurants throughout Kerala. The Court stated that such prohibitions "shall be made a part of the licence conditions issued to such establishments".
The Court mandated the setup of sufficient water kiosks in tourist destinations to ensure access to clean drinking water and promote the use of alternatives such as glass, steel, or copper bottles.
Tourists should be prevented from carrying single-use plastics to hilly tourist areas and encouraged to use reusable alternatives.
Local Self Government authorities were directed to prevent dumping of plastic waste in water bodies and initiate regular collection and disposal of such waste. Support from voluntary organizations was recommended.
The Court directed that "Adequate public awareness and advertising campaigns should be resorted to" through both visual and print media.
The Court ordered the strict implementation of Rule 9 of the Plastic Waste Management Rules, 2016, concerning Extended Producer Responsibility.
All these directions were ordered to take effect from October 2, 2025. The Court instructed the Chief Secretary of Kerala and the Special Secretary to Local Self Government Department to coordinate implementation with relevant departments and local bodies.
Advocates Representing the Parties:
For the Respondents: Sri. K. Gopalakrishna Kurup, Advocate General Sri. Ranjith Thampan, Senior Advocate with Sri. K. Janardhana Shenoy, Standing Counsel Sri. T. Naveen, Standing Counsel ; Sri. C.E. Unnikrishnan, Special Government Pleader,Sri. Antony Mukkath, Standing Counsel (Addl. R8); Deputy Solicitor General of India & Sri. T.C. Krishna, Senior Central Government Counsel Sri. K.S. Prenjith Kumar, Central Government Counsel (Addl. R10); Sri. Suman Chakravarthi; Amici Curiae: Sri. Vinu T.V, Sri. Vishnu S, Smt. Pooja Menon; Adv. Sri. Mohammed Shah.
Case Title: Suo Motu Writ Petition Initiated by the High Court
Case Number: WP(C) No. 7844 of 2023
Bench: Justice Bechu Kurian Thomas, Justice Gopinath P.
[Read/Download order]
