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HC quashes Kerala govt’s order banning plastic carry bags
Setting aside the state government’s order, the HC noted that only the union government can issue such an order under waste management rules to regulate or restrict the use of plastics.
The Kerala high court on Tuesday quashed the state government’s order banning plastic carry bags weighing less than 60 grams per square metre (GSM).
Hearing a set of petitions filed by merchants and others, the single bench of justice N Nagaresh stated that the “state has no power to enforce such a ban” and cited certain amendments made by the union government last year.
Setting aside the state government’s order, the HC noted that only the union government can issue such an order under waste management rules to regulate or restrict the use of plastics.
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The state government enforced a blanket ban from Jan 1, 2022. The state also imposed heavy fines on violators who use or sell plastic bags, following which many organisations approached the court against the order.
The verdict was welcomed by many traders and merchant bodies whose businesses were affected since the ban order. However, the verdict was opposed and criticised by green activists who claim that non-degradable plastic goods will flood the state.
“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 S S Manoj, Kerala Vyapari Vyavasaya Ekopana Samity leader after the HC’s verdict.
