HC Quashes Kerala Govt’s Order Banning Plastic Carry Bags

Leaving aside the state government's directive, the HC pointed out that, in accordance with waste management regulations, only the union government has the authority to make such a regulation or restriction on the use of plastics.

The state government's decree banning plastic carry bags weighing less than 60 grammes per square metre was overturned by the Kerala High Court on Tuesday (GSM).

The single bench of Justice N Nagaresh declared after hearing a series of petitions submitted by business owners and others that "the state has no ability to implement such a restriction" and mentioned several changes made by the union government last year.

A complete prohibition was put into effect by the state government on January 1st, 2022. Additionally, the state placed steep fines on those who used or sold plastic bags, which prompted numerous organisations to appeal the ruling to the court.

Many business owners and merchant organisations whose operations were harmed by the prohibition order applauded the decision. The ruling has been opposed and criticised by green activists, who contend that non-biodegradable plastic products would flood the state.

We don't particularly love plastics. The government will need to offer a potent substitute. Heavy fines were levied as well as the seizure of plastic goods worth lakhs of rupees. Following the ruling, ,S. S. Manoj, leader of the Kerala Vyapari Vyavasaya Ekopana Samity, said: "The state government is now required to repay those fines."