Supreme Court stays Kerala High Court ban on single-use plastic in hilly areas, plastic bottles at weddings

The Supreme Court on Monday (August 4) stayed an order of the Kerala High Court banning single-use plastic in hilly tourist destinations and restricting the use of plastic bottles at large gatherings, including weddings and official government functions [M/s Anna Polymers v. Suo Motu Writ Petition initiated by the High Court & Ors.].

A Bench of Chief Justice of India BR Gavai and Justice K Vinod Chandran stayed the High Court's order and issued notice to the State government on a petition moved by M/S Anna Polymers, a manufacturer of compostable carry bags.

The High Court order under challenge was passed by a Special Bench of Justices Bechu Kurian Thomas and Gopinath P on June 17 in a suo motu case initiated by it in the wake of the fire that broke out at the solid waste plant in Brahmapuram in Kochi in 2023.

The June 17 order of the High Court contained the following key directions:

• Sale and use of single-use plastic like food containers, plates, cups, straws, sachets, and bakery boxes in hilly tourist areas with high footfall banned; Water bottles with capacity to carry 5 litres and soft drink bottles with capacity of 2 litres (soft drinks) and above are exempt.

• The ban does not apply to non-woven bags of 60 GSM and above, as an appeal is pending in the High Court.

• Plastic water bottles with capacity below 5 litres, soft drink bottles with capacity below 2 litres, straws, plates, cups, and cutlery are banned at all Central and State government functions in Kerala.

• The same ban applies to weddings, hotels, restaurants, auditoriums, and similar venues. The Court added that the prohibitions in using single-use plastic shall be included as part of the licence conditions for these establishments.

• District administrations and local self government bodies must set up water kiosks and make alternatives like glass water bottles, copper water bottles etc., available for sale in hilly tourist areas at reasonable distances.

• Tourists should not carry single-use plastic into hilly destinations and must be encouraged to use reusable bottles.

• The State and local bodies must prevent dumping of plastic waste into rivers, canals, and backwaters and ensure regular collection of plastic waste from these water bodies.

• The Rules relating to Extended Producer Responsibility in Rule 9 of the Plastic Waste Management Rules, 2016 and other provisions must be strictly enforced across the State.

• State authorities must run campaigns in visual and print media to spread awareness about the harmful effects of single-use plastic and promote alternatives.

The ban was to come into effect on Gandhi Jayanti this year, i.e. October 2, 2025.

The appeal filed by M/S Anna Polymers before the apex court contended that the High Court went beyond the scope of the suo motu case in passing this order. It explained that while the suo motu case was initiated only to ensure enforcement of the Solid Waste Management and Handling Rules, 2016, the June 17 order was passed under the Plastic Waste Management Rules, 2016.

The matter is likely to be listed before the Supreme Court next on September 9.

The petition was filed through Axess Legal Corp.