HC quashes Kerala govt order to ban plastic carry bags

The state government had enforced a blanket ban from January 1, 2022, following which several organisations had approached the court against the order.

The Kerala high court on Tuesday quashed the state government order banning plastic carry bags weighing less than 60 grams per square metre (GSM).

After the ban, the state also imposed heavy fines on violators who use or sell plastic bags. (HT)

Hearing a set of petitions filed by traders and others, the single bench of Justice N Nagaresh observed that the “state has no power to enforce such a ban” and cited certain amendments made by the Union Government last year.

The state government had enforced a blanket ban from January 1, 2022, following which several organisations had approached the court against the order.

After the ban, the state also imposed heavy fines on violators who use or sell plastic bags. But the HC viewed that only the Union Government can issue such an order under the Waste Management Rules to regulate or restrict the use of plastics. After the ban many industries making plastic flexes, juice packets, coated papers bags, plastic bunting, single use plastic cups and plates, garbage bags and other products were affected.

Many traders and merchants’ bodies have welcomed the verdict.

“We have no special love for plastics. The government will have to provide a strong alternative. Plastic goods worth crores of rupees were seized and heavy fines were imposed. Now, the state government is bound to return those fines” said Kerala Vyapari Vyavasaya Ekopana Samity leader S S Manoj.

Environmental activists, however, have criticised the verdict saying non-degradable plastic goods will flood the state.

“There was some respite after the ban but now cheap plastic will flood the state imperiling environment,” said environmentalist John Peruvanthanam.