Suo Motu v. State of Kerala

Environmental Law – Plastic Pollution – Ban on Single Use Plastics – Constitutional Duty to Protect Environment – Implementation of Plastic Waste Management Rules, 2016

High Court of Kerala
Hon’ble Mr. Justice Bechu Kurian Thomas & Hon’ble Mr. Justice Gopinath P.
W.P.(C) No. 7844 of 2023, 17th June 2025

Key Points:

1. Suo Motu Writ Petition: Initiated by the High Court of Kerala to address the environmental hazards caused by unregulated disposal of single-use plastics (SUPs), particularly in hilly tourist areas with high footfall.

2. Constitutional Mandate: Emphasized the State’s duty under Articles 47 and 48A to improve public health and protect the environment, and citizens’ fundamental duty under Article 51A(g) to safeguard the natural environment.

3. Ban on Single Use Plastics: Directed prohibition of single-use plastic items (e.g., plastic water bottles below 5L, soft drink bottles below 2L, plates, cups, straws, sachets) in:

   • Hilly tourist destinations (e.g., Munnar, Thekkady, Vagamon, etc.).

   • Official government functions across Kerala.

   • Private gatherings in hotels, wedding auditoriums, and restaurants, with the ban incorporated into licensing conditions.

4. Exemptions: Excluded 5L plastic water bottles, 2L soft drink bottles, and non-woven bags of 60 GSM and above (subject to pending appeal in Nibu Kasim v. Union of India).

5. Alternative Measures: Mandated establishment of water kiosks, use of glass/stainless steel/copper containers, and promotion of reusable bottles in hilly areas.

6. Plastic Waste Management: Directed State and local authorities to prevent plastic dumping in water bodies, collect plastic waste regularly, and enforce Extended Producer Responsibility (EPR) under the Plastic Waste Management Rules, 2016.

7. Public Awareness: Ordered campaigns through visual and print media to educate the public on the harmful effects of SUPs and promote alternatives.

8. Implementation: Directed the Chief Secretary and Special Secretary, Local Self Government Department, to coordinate with Pollution Control Board, State Police, and local bodies for enforcement, effective from 02-10-2025.

9. Precedents: Referenced orders from High Courts of Madras and Meghalaya, and bans by other State Governments (Odisha, Puducherry, Haryana, Sikkim) on SUPs.

Held: The Court issued comprehensive directions to curb plastic pollution, emphasizing strict enforcement of bans on single-use plastics in specified areas, promotion of eco-friendly alternatives, and proactive measures to ensure a pollution-free environment in Kerala, in line with constitutional obligations and statutory provisions under the Environment (Protection) Act, 1986, and Plastic Waste Management Rules, 2016.

For Respondents :

Adv. K. Gopalakrishna Kurup (Advocate General)	Adv. Ranjith Thampan (Sr. Advocate)	Adv. K. Janardhana Shenoy K/264/2013 9495276938	Adv. Naveen T. K/273/2000 9447434181	Adv. C.E. Unnikrishnan (Spl. Government Pleader)
Adv. Antony Mukkath K/2014/1999 9447216131	Adv. T.C. Krishna (Sr. CGC)	Adv. K.S. Prenjith Kumar (CGC)	Adv. Suman Chakravarthi K/562/2000 9447010080	Adv. Vinu T.V. K/369/2007 9895329931
Adv. Vishnu S.	Adv. Pooja Menon	Adv. Mohammed Shah