Sabarimala Waste Crisis: Unscientific Disposal Violates Wildlife Act, Attracts Elephants; Kerala HC Orders Action – Kerala High Court - 2025-06-02

Kerala High Court Cracks Down on Sabarimala Waste Mismanagement, Cites Grave Threat to Wildlife

Ernakulam, Kerala – April 3, 2025 – The High Court of Kerala, in a significant ruling, has taken serious note of the unscientific disposal of plastic waste at Sabarimala Sannidhanam, terming it a grave threat to wild animals and a violation of the Wild Life (Protection) Act, 1972. A Division Bench comprising Justice Anil K. Narendran and Justice Muralee Krishna S. , acting on a suo motu proceeding (SSCR No. 5 of 2025), has issued a slew of directions aimed at rectifying the situation and holding responsible parties accountable.

The court's intervention was triggered by a report from the Special Commissioner, Sabarimala, highlighting the alarming accumulation of plastic waste, particularly near incinerators, and its dangerous attraction for wild animals, including elephants, within the ecologically sensitive Periyar Tiger Reserve.

Background: A Looming Environmental Crisis

The case, initiated suo motu by the High Court, stemmed from a report by the Sabarimala Special Commissioner concerning "the disposal of plastic wastes accumulated near the incinerators at Sannidhanam, which is a threat to the wild animals." This report was accompanied by a report from the Range Forest Officer, Pamba Range, Periyar Tiger Reserve, dated January 29, 2025, detailing the issue.

Subsequent reports and affidavits from the Deputy Director, Periyar Tiger Reserve (West Division), and the Kerala State Pollution Control Board (KSPCB) painted a grim picture:

* Elephants Consuming Plastic: Herds of elephants, including calves, were observed eating garbage, including plastic jaggery bags and other toxic materials, from January 21, 2025, onwards. Photographic evidence showed remnants of plastic in elephant dung.

* Past Wildlife Fatalities: The court was reminded of past incidents where wildlife, including a female elephant in 2014, a pregnant sambhar deer in 2015, and another elephant in 2018, died due to plastic consumption in the Sabarimala region, with significant amounts of plastic recovered from their stomachs.

* Open Burning of Waste: The KSPCB's inspection on February 1, 2025, revealed that littered plastic waste was being openly burned beside an incinerator unit and behind Hotel Haribhavan at Sannidhanam, causing pollution within the core area of the Periyar Tiger Reserve.

Arguments and Admissions

The Travancore Devaswom Board (TDB) , responsible for the administration of Sabarimala, acknowledged the generation of approximately 24 tons of waste per day during the Mandala-Makaravilakku festival season (1200ME / 2024-25), with incinerators processing about 14 tons daily. The TDB attributed some of the plastic waste to pilgrims bringing items in "Irumudikkettu" (holy bundles) and stated that some kuthaka (contract) holders of hotels were not adhering to waste segregation instructions. While the TDB claimed to have taken some corrective measures after court intervention, the evidence presented pointed to significant lapses.

The Special Government Pleader (Forest) and the Standing Counsel for KSPCB highlighted the statutory violations under the Wild Life (Protection) Act, 1972, and the Solid Waste Management Rules, 2016. They emphasized the catastrophic impact of plastic consumption on wildlife and the illegality of burning plastic waste in a protected forest area.

Legal Framework and Court's Reasoning

The High Court underscored the constitutional mandate under Article 48A (State's duty to protect the environment and wildlife) and Article 51A(g) (citizen's duty to protect the natural environment and have compassion for living creatures).

The Bench extensively quoted the Supreme Court's decision in State of Telangana v. Mohd. Abdul Qasim (2024) , emphasizing the need for an ecocentric approach, the role of humans as trustees of the earth, and the judiciary's parens patriae duty to protect the environment.

The Court found that the unscientific dumping and burning of plastic waste at Sabarimala Sannidhanam, situated within a notified Reserve Forest, Wildlife Sanctuary, and Tiger Reserve, constituted clear violations of:

* Section 9 read with Section 2(16)(a) (Hunting): The Court noted that "poisoning of any wild animal" is included under hunting, and the consumption of plastic and toxic materials by elephants could lead to serious health issues or death.

* Section 29 (Destruction in a sanctuary): Prohibiting destruction or damage to wildlife habitat.

* Section 30 (Causing fire in a sanctuary): Prohibiting the setting of fire that endangers a sanctuary.

* Section 32 (Ban on use of injurious substances): Prohibiting substances that may injure or endanger wildlife.

The Court also referred to its previous orders banning plastic in Sabarimala (e.g., SSCR No.9 of 2015, DBP No.136 of 2015, SSCR No.9 of 2018) and lamented the continued flow of plastic despite these directives.

"Due to the failure of the Travancore Devaswom Board in removing the garbage in a time bound manner, elephants coming in herds started eating the garbage, including plastic and toxic materials from 21.01.2025 onwards," the Court observed, citing the Forest Department's report. It further noted, "The consumption of plastic and jaggery bags by elephants is catastrophic from the point of view of wildlife management."

Key Directions Issued by the Court

Disposing of the SSCR, the High Court issued several crucial directions:

Legal Action: The Deputy Director, Periyar Tiger Reserve (West Division), was directed to initiate legal proceedings under the Wild Life (Protection) Act against those responsible for the unscientific dumping and burning of waste.

Action Against Kuthaka Holders: Legal action is also to be taken against hotel and stall contract holders who fail to segregate waste or dump mixed waste.

Strict Plastic Ban Enforcement: The existing ban on plastic and biohazardous materials at Sabarimala, Pamba, Nilakkal, and trekking paths must be scrupulously implemented. Violations by kuthaka holders or hawkers are to be taken seriously.

Penalties for Violations: Reiterating the Chief Wild Life Warden's 2018 proceedings, the Court stated that kuthaka holders stocking or dispensing plastic face a fine of Rs. 2,000 for the first offence, Rs. 5,000 for the second, and closure of their establishment for subsequent offences. The TDB must enforce these closures.

Pilgrim Advisory: The TDB is to inform pilgrims, including those from outside Kerala, about the need to exclude plastic materials from Irumudies, with an advisory published on the Virtual-Q platform.

Improved Waste Management Plan: The TDB must consider suggestions for improved solid waste management at Sabarimala in consultation with KSPCB and the Forest Department.

Implications

This judgment reinforces the legal accountability of authorities managing ecologically sensitive pilgrimage sites. It sends a strong message about the zero-tolerance approach towards activities that endanger wildlife and violate environmental laws. The decision highlights the judiciary's ongoing commitment to protecting India's natural heritage and underscores the urgent need for effective and scientific waste management practices, especially in fragile ecosystems like the Periyar Tiger Reserve.