The Kerala High Court has issued comprehensive guidelines to ensure the effective enforcement of the ban on specific single-use plastics (SUP) and to mandate that manufacturers, importers, and processors of plastic waste obtain the necessary registrations under Rule 13 of the Plastic Waste Management Rules, 2016. This action stems from a Public Interest Litigation (PIL) highlighting that numerous plastic manufacturers were operating without the requisite registrations.
In response to the court's directives, the Kerala State Pollution Control Board (KSPCB) submitted an affidavit outlining proposed measures to address the issue. Subsequently, the Additional Chief Secretary of the Local Self Government Department issued an order detailing specific instructions for strict compliance. These instructions include the collaboration of Local Self Government Institutions (LSGIs) with the KSPCB to identify manufacturers and suppliers of banned SUP items. LSGIs are tasked with conducting regular and exhaustive inspection drives, both independently and jointly with the KSPCB, to identify such manufacturers and suppliers, including those dealing with plastic-coated SUP items and uncertified compostable commodities.
Enforcement squads are directed to operate district-wise to identify major commercial establishments, stockists, retailers, sellers, importers, and similar entities dealing in bulk with the aforementioned SUP and uncertified compostable or biodegradable commodities. These squads are also responsible for inspecting Producers, Manufacturers, Importers, and Brand Owners (PIMBO) engaged in plastic packaging, including compostable carry bags and sheets, to ensure their registration on the Centralised Extended Producer Responsibility (EPR) Portal. Additionally, regular inspections are mandated to verify that only entities with authorized certificates from the Central Pollution Control Board (CPCB) are involved in selling compostable plastics.
To enhance compliance and awareness, the KSPCB is instructed to conduct regular interactive sessions, meetings, and workshops with stakeholders. The court also directed the state government to develop a mobile application similar to the CPCB's SUP-CPCB, enabling citizens to report unauthorized plastic distribution and monitor the progress of their complaints. The Local Self Government Department (LSGD) currently operates a War Room Management Portal connected to a single contact number, allowing citizens to report garbage or waste dumping in public places.
Furthermore, the state plans to initiate a one-year sensitization drive to educate vendors and retailers about the requirements under Rules 11, 13, and 14, which pertain to providing details on plastic packaging, obtaining necessary registrations, and adhering to restrictions on selling non-compliant plastic bags. The court emphasized strict compliance with the government's order and urged the KSPCB to engage with stakeholders through meetings and workshops at both state and district levels within specified timeframes. Awareness programs, including exhibitions on plastic alternatives, street plays, media advertisements, short films, recognition of best practices, and informational brochures, are to be organized in coordination with the LSGD, Suchitwa Mission, local bodies, and educational institutions.
The court further mandated the development and launch of a mobile application akin to the SUP-CPCB within three months, facilitating public reporting of violations. The KSPCB, petitioners, or any public-spirited individuals or NGOs with bona fides are permitted to approach the court for further directions regarding the functioning of enforcement squads or to assist the Pollution Control Board.
These directives underscore the court's commitment to enforcing environmental regulations and ensuring compliance with the Plastic Waste Management Rules, aiming to mitigate the adverse environmental impacts of single-use plastics in Kerala.
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