IMPORTANT POINT
The court established that manufacturers must register under the Plastic Waste Management Rules, 2016, to ensure compliance and prevent environmental hazards.

JUDGMENT :

Nitin Jamdar, C. J.

In this Public Interest Litigation, the Petitioner raises the issue of the Respondents' failure to act against manufacturers and others conducting business without registration under the Plastic Waste Management Rules, 2016. Rule 13 of these Rules requires the registration of producers, recyclers, and manufacturers engaged in the business of carry bags, recycled plastic bags, or multilayered packaging. It also mandates action against manufacturers, retailers, and vendors selling such products in violation of the Rules.

2. The Petitioner states that several companies manufacture paper cups labeled as 100% biodegradable, compostable, and recyclable, claiming approval from the Government of Kerala, without registration. The Petitioner has joined Respondent No. 4 as one of the violators. Respondent No. 4 has filed a counter affidavit denying these allegations.

3. We have heard Mr. P. B. Sahasranaman, learned counsel for the Petitioner, Mr. M. Ajay, learned counsel for the Central Pollution Control Board, Mr. T. Naveen, learned standing counsel for the Kerala State Pollution Control Board, Mr. Abhijit, learned counsel representing Mr. Praveen H., learned counsel for Respondent No. 4, and Mr. V. Tekchand, learned Senior Government Pleader for the State.

4. On 4 February 2011, the Government of India framed the Plastic Waste (Management and Handling) Rules, 2011, under the Environment Protection Act, 1986. These Rules established a regulatory framework for managing plastic waste in the country. To enhance their effectiveness, the Central Government reviewed the existing Rules and, exercising its powers under Sections 3, 6, and 25 of the Act, introduced the Plastic Waste Management Rules, 2016, which came into force on 18 March 2016. These Rules have been amended periodically, with the latest amendment on 14 March 2024. They apply to all waste generators, local bodies, Grama Panchayats, manufacturers, importers, and producers.

5. Rule 3(o) of the Rules of 2016 defines “plastic” to mean a material which contains as an essential ingredient a high polymer such as polyethylene terephthalate, high density polyethylene, Vinyl, low density polyethylene, polypropylene, polystyrene resins, multi-materials like acrylonitrile butadiene styrene, polyphenylene oxide, polycarbonate, Polybutylene terephthalate. “Plastic packaging” is defined under Rule 3(oa) to mean material made by using plastics for protecting, preserving, storing, and transporting products in various ways. “Carry bags” are defined under Rule 3(c) to mean bags covered under Category II of plastic packaging – Clause (5.1) (II), given in Schedule – II made from plastic material or compostable plastic or biodegradable plastic, used to carry or dispense commodities, which have a self-carrying feature but do not include bags that constitute or form an integral part of the packaging in which goods are sealed before use. “Multilayered packaging” is defined under Rule 3(n) to mean any material used or to be used for packaging and having at least one layer of plastic as the main ingredient in combination with one or more layers of materials such as paper, paper board, polymeric materials, or aluminium foil, either in the form of a laminate or co-extruded structure. Rule 4 of the Rules of 2016 stipulates that the manufacture, import, stocking, distribution, sale and use of carry bags, plastic sheets or like, or cover made of plastic sheets and plastic packaging shall be subjected to certain conditions stipulated therein.

6. Rule 5 deals with plastic waste management by the local bodies in their respective jurisdiction. The reference to the local body is by way of amendment on 30 October 2023. The responsibility of the local body is under Rule 6. The local body is under responsibility of ensuring that the provisions of the Rules as amended are adhered to. This stipulation is inserted by amendment dated 12 August 2021. Rule 6 of the Rules of 2016 states that the local