Kerala High Court moots ban on single-use plastic in hilly areas

The Kerala High Court on Tuesday opined that the time has come to ban the use of single-use plastic in hilly areas of the State, to ensure that these places do not become plastic dump yards amid frequent tourist visits [Suo Motu v State of Kerala]..A Bench of Justices Bechu Kurian Thomas and P Gopinath noted that similar directions by the Madras High Court, to prohibit single-use plastic, had led to the reduction of plastic use in Tamil Nadu's tourist spots. The Court encouraged the State government to draw from this experience in formulating a strategy to ban plastic in hill stations.It observed that the Constitution provides a fundamental duty to protect the environment and lays down a collective responsibility to ensure that at least hilly areas in the State do not become a dump yard for plastic. It further noted that the dumping of plastic waste had added to the environmental pollution in such disaster-prone areas.The Court has, therefore, said that single-use plastic should be banned in such areas and sought the government's input on this issue within four weeks. "We deem it appropriate to prohibit the use of single-use plastics in hilly areas. Before doing so, we feel it necessary to obtain a report from the government as to the modus operandi to be adopted," it ordered. .The Court also ordered the State to direct local authorities to clear waste dumped in public spaces, particularly near the Vallarpadam Container Road. The Court observed that such directions could be issued by the State to local authorities under Section 58 of the Kerala Municipalities Act, as well as Section 189 of the Kerala Panchayat Raj Act, 1994..The order was passed in a suo motu case initiated to tackle growing waste management and disposal issues in Kerala. During the hearing, the Court took note of the rampant problem of waste piling up in various streets across Kerala, which was not being cleared by the local authorities.The Court opined that roadside dumping of garbage must be strongly condemned and that it was equally important for the local authorities to take immediate steps to clear such waste.The government was also directed to specifically instruct Kalamassery Municipality to clear the waste dumped in front of Apollo Tyres and to direct the Mulavukad Panchayat, the Cheranalloor Panchayat, and the Eloor Municipality to clear the waste dumped on Vallarpadam Container Road.The matter is posted next on January 24, 2025..Special Government Pleader Unnikrishnan represented the State, Standing Counsel Janardhana Shenoy represented the Cochin Corporation, and Standing Counsel Suman Chakravarthi appeared for the Thiruvananthapuram Corporation.The Special Secretary of the Local Self Government Department (LSGD) Anupama TV (IAS) also appeared, via video conference..[Read Live Coverage].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.