Supreme Court stays Kerala High Court’s strict ban on single-use plastic in hill stations and public events. The decision comes after a petition from a plastic bag manufacturer challenged the HC’s sweeping directions.
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NEW DELHI: The Supreme Court of India stopped the Kerala High Court’s order which had banned single-use plastic in hilly tourist areas and also restricted the use of plastic bottles during large events like weddings and government programs.
The Supreme Court Bench, led by Chief Justice of India BR Gavai and Justice K Vinod Chandran, paused the High Court’s directions and also asked the Kerala government to reply to a petition filed by M/S Anna Polymers, a company that makes compostable carry bags.
The order passed by the Kerala High Court was issued on June 17, 2025, by a Special Bench of Justices Bechu Kurian Thomas and Gopinath P.
This was done in a suo motu (on its own) case that started after the 2023 Brahmapuram fire at a solid waste treatment plant in Kochi.
The High Court had issued several strong directions in that June 17 order:
- The High Court banned the sale and use of single-use plastics like food containers, plates, cups, straws, sachets, and bakery boxes in hilly tourist areas with high footfall, while exempting water bottles of 5 litres and above and soft drink bottles of 2 litres and above.
- The ban does not apply to non-woven bags of 60 GSM and above, as an appeal is still pending in the High Court.
- Plastic water bottles below 5 litres, soft drink bottles below 2 litres, straws, plates, cups, and cutlery are banned at all Central and State government functions in Kerala.
- The same ban applies to weddings, hotels, restaurants, auditoriums, and similar venues, and must be included in their licence conditions.
- District administrations and local self-government bodies are directed to set up water kiosks and ensure the availability of alternatives like glass and copper water bottles in hilly tourist areas.
- Tourists must not carry single-use plastic into hilly destinations and should be encouraged to use reusable bottles.
- The State and local bodies must prevent plastic dumping into water bodies and ensure regular collection of plastic waste from them.
- The Plastic Waste Management Rules, 2016, especially Rule 9 on Extended Producer Responsibility, must be strictly enforced across the State.
- State authorities are required to run awareness campaigns in visual and print media about the harmful effects of single-use plastics and promote alternatives.
The High Court had planned to implement the ban on October 2, 2025, on the occasion of Gandhi Jayanti.
However, M/S Anna Polymers approached the Supreme Court, arguing that the High Court had gone beyond the actual issue.
According to them, the suo motu case was only supposed to deal with the Solid Waste Management and Handling Rules, 2016, but the High Court passed its directions using the Plastic Waste Management Rules, 2016, which they believe was not within the scope of the original case.
The petition was filed through Axess Legal Corp.
Now, the Supreme Court will hear the matter again on September 9, 2025.
CASE TITLE:
M/s Anna Polymers v. Suo Motu Writ Petition initiated by the High Court & Ors.
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