The Supreme Court of India has stayed the Kerala High Court’s order that imposed a comprehensive ban on the use and sale of single-use plastic in the State’s hilly regions and during various public and private events. The stay was granted while hearing a special leave petition filed by M/s Anna Polymers, a manufacturer of compostable and paper-based carry bags, challenging the legality and jurisdictional validity of the High Court’s directives. The bench, headed by Chief Justice of India and Justice K. Vinod Chandran, also issued notice to the State of Kerala for its response.
The matter originated from a suo motu writ petition initiated by the Kerala High Court in response to a massive fire at the Brahmapuram Solid Waste Plant in Kochi. Initially, the High Court was dealing with the enforcement of the Solid Waste Management Rules, 2016. However, in an order dated June 17, the High Court expanded the scope of the case to include the Plastic Waste Management Rules, 2016, and issued a series of far-reaching directives aimed at curbing plastic pollution across the state.
The Kerala High Court’s order prohibited the use and sale of single-use plastic items such as plastic food containers, plates, cups, straws, sachets, and plastic bakery boxes in hilly areas, especially those with significant tourist activity. The Court made limited exceptions, allowing the sale of drinking water bottles with a capacity of five litres or more and soft drink bottles of two litres or more. Furthermore, the use of single-use plastics was banned at all official functions organized by the State and Central governments, weddings, public gatherings, auditoriums, hotels, restaurants, and other hospitality venues. The compliance with these directions was made a condition for the issuance and renewal of licenses for these establishments.
In addition to the prohibitions, the High Court had directed the authorities to ensure the establishment of water kiosks in these areas, prevent the discharge of plastic waste into water bodies, conduct public awareness campaigns about the dangers of plastic usage, and enforce extended producer responsibility as per Rule 9 of the Plastic Waste Management Rules. These directions were to come into effect from October 2.
The petitioners argued before the Supreme Court that the High Court had exceeded its jurisdiction by issuing such wide-ranging directions under the Plastic Waste Management Rules without following due process, such as publishing a draft policy or inviting public objections. They also submitted that the High Court’s order was in conflict with existing central rules and that a coordinate bench of the High Court had earlier restricted the scope of the suo motu petition to issues concerning solid waste management only.
Acknowledging these concerns, the Supreme Court granted a stay on the Kerala High Court’s order and suspended the operation of all its directives until further orders. The matter will be taken up for further consideration in September.
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