The court emphasized the duty to implement effective measures for environmental protection, mandating a ban on single-use plastics in high-traffic tourist areas and official functions, underpinned by constitutional rights and environmental legislation.

ORDER :

Bechu Kurian Thomas, J.

Unregulated and irresponsible disposal of plastic waste has become a major cause for environmental pollution. Plastic being non- biodegradable, poses a serious threat to all life forms on earth. Though convenient and durable, extensive use of plastic has unleashed a veiled monster - plastic pollution. Sadly, post COVID-19 pandemic, we are witnessing an alarming increase in the use of plastics thereby endangering the environment even further. When plastic breaks down, it turns into harmful nodules of micro plastics which find their way into water bodies and are ultimately consumed by humans and animals. World over, the challenges in disposing of plastic waste has become a serious issue.

2. Despite being aware about its dangers, use of alternatives for plastic has not permeated into the human lifestyle. A part of it is, no doubt, due to lack of such alternatives and a part to the convenience that plastic bring to our everyday life. However, our Constitution behoves each of us to conserve our environment for the future generation, a trust bestowed upon us. Hence, it is essential that, as a society, we try to minimise the use of plastic, wherever possible.

3. The prolific use of plastic, coupled with unscientific and irrational methods of its disposal are leading to serious health hazards. Article 47 of the Constitution of India, directs, as a policy of the State, to improve public health, while Article 48A provides that the State must endeavour to protect and improve the environment and wildlife of the country. Similarly it is a fundamental duty of every citizen under Article 51A(g) to protect the natural environment, forests, lakes, rivers and wildlife and also to have compassion for living creatures.

4. On 17-12-2019, the Government of Kerala had issued an order banning manufacture, storage, transport and sale of Single Use Plastics (SUP’s) with effect from 01-01-2020. The Kerala State Pollution Control Board had also issued an order on 11-10-2018, banning single use plastics. Despite the above orders, the use of single use plastics have become so rampant and unchecked in all areas of the State including the hilly areas, where, due to the immense tourist footfall, disposal of plastic has become a serious health hazard.

5. On 24-01-2025, this Court expressed the need to prohibit single use plastics, at least in the hilly areas of the State to begin with, and a report was directed to be filed. In the detailed report submitted on 10-02- 2025 by the Special Secretary to the Local Self Government Department, a list of hilly areas have been identified and reported. One of the tables (Table - 02) in the report deals with the list of tourist destinations with high footfall. The said table is extracted below:

TABLE-02- List of hilly tourist destinations with high footfall

6. Similarly, the list of plastic items that can be banned in the hilly areas have also been provided, along with a list of alternatives which is extracted as below:

TABLE