JUDGMENT :

A.K. JAYASANKARAN NAMBIAR, J.

“The utility of plastic in contemporary society is at a crossroads where the perceived benefit of single use, throw away products and packaging is outweighed by the true cost of persistent waste and fragmented micro plastics in terrestrial and marine ecosystems.”

Marcus Eriksen [The Plastisphere - The Making of a Plasticised World; Tulane Environmental Law Journal, Summer 2014, Vol. 27, No. 2, Plastic Pollution (Summer, 2014), pp.153-163]

1. The Facts in Brief: Responding to calls from interest groups that sought a ban on the use of single use plastic articles, the State Government issued Orders, by invoking the power delegated to it by the Central Government under the Environment Protection Act, banning the manufacture, stocking and sale of single-use plastic/one-time use plastic in the State of Kerala with effect from 01.01.2020. While doing so, and with a view to encourage the use of non-polluting substitutes, articles made from compostable plastic were initially excluded from the purview of the ban order. Through subsequent orders, however, the State Government brought certain types of carry bags made from compostable plastic also within the