In a major boost to environmental protection efforts, the Kerala High Court, led by Justice Viju Abraham,
has upheld the State Government’s 2020 ban on single-use plastic products. The judgment comes in response
to multiple petitions challenging the ban, particularly from plastic manufacturers who claimed the restriction
affected their livelihoods.
Case Background
The petitioners argued that the plastic ban violated their fundamental right to trade under Article 19(1)(g)
of the Indian Constitution. They claimed that the government’s move was arbitrary and harmful to the industry.
However, the court firmly rejected these arguments, holding that reasonable restrictions on trade are
constitutionally valid if they serve the larger public interest. Environmental preservation, the court noted,
is one such priority.
Key Observations from the Court
Justice Viju Abraham emphasized the need to prioritize ecological sustainability over commercial concerns.
He stated:
“The right to trade is not absolute and can be curtailed in the larger interest of the environment and public health.”
The judgment also highlighted the State’s constitutional obligation under Article 48A to protect and improve
the environment, aligning with both national law and India’s international commitments toward sustainable development.
Items Covered Under the Ban
- Plastic carry bags below 50 microns in thickness
- Single-use plastic straws, spoons, cups, and plates
- Plastic wrappers, flags, banners, and similar disposable items
Broader Impact
This ruling reinforces Kerala’s position as a leader in environmental policy enforcement. The High Court’s
firm stance not only validates the State’s action but also sets a legal precedent for other Indian states
seeking to implement similar measures.
The decision is seen as a landmark moment in India’s battle against plastic pollution, striking a balance
between economic activity and the urgent need to protect natural resources.
JusticeLine Legal Insight
This case reaffirms that courts can and will support bold government action when it aligns with constitutional
mandates and environmental sustainability. It reminds stakeholders that business interests cannot override
the public's right to a clean and healthy environment.
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