Kerala High Court Refuses To Temporarily Lift Ban On Plastic In & Around Sabarimala

The Bench of Justice K. Vinod Chandran & Justice T. R. Ravi in its order remarked

"The Government and the Board were well aware of the pandemic situation, when a decision was taken to permit congregation in a religious place; especially at Sabarimala where there is an arduous trek to reach the sanctum sanctorum."

Further the court said,

"We would think and hope that necessary precautions are in place, without need to resort to measures which would lead to lasting environmental degradation; as in the case of the reintroduction of plastics."

The matter before the Court

On Sabarimala Special Commissioner's report regarding the necessity of relaxation to certain essential plastic items to protect against COVID-19 pandemic from the complete ban of plastic in and around Sabarimala, the Kerala High Court initiated Suo Moto proceeding.

The prayer of the Sabarimala Special Commissioner was to temporarily lift the ban on plastic imposed in and around Sabarimala by two orders of the Court in the year 2015 and 2018.

The ban on plastic was introduced in the year 2015 and reiterated in the year 2018 by this Court.

The Special Commissioner in the instant report sought for re-introducing this environmental scourge into Sabarimala; temporarily, in the times of the pandemic.

It was requested that face-shields masks, gloves and hand sanitizers in plastic bottles be permitted for the current Mandala Makaravilakku Season commencing on 15.11.2020, on a review of the earlier orders.

It was also prayed that the Devaswom Board and the Sabarimala Sanitization Society be directed to collect, segregate and dispose of the plastic items in a scientific manner.

Court's Observations

While taking into account various news reports, the Court noted that there is large scale pollution even in remote Mount Everest and that tiny pollutant are found at heights of 8,440 metres above sea level with higher concentrations at the base camp.

In this context, the Court said,

"Only less than thousand scale Mount Everest every year that too for a short period, which itself has created the scourge referred to earlier. Sabarimala in comparison to Mount Everest, is much smaller in area, but with far more footfalls throughout the year than Mount Everest."

The Court observed that the pandemic situation has shaken the entire world upsetting the social norms passed down over centuries and had for a time brought human activity across the planet to a standstill.

"Though the Governments have lifted the lock-downs imposed; unprecedented in the history of mankind, the virus has not left us in peace", said the Court.

Regarding the Commissioner's report, the Court said,

"We perfectly understand the anguish of the Special Commissioner in having sought for review of the earlier orders in the context of the spread of the pandemic. However, the virus has been generally understood to be not here to stay and preventive measures are vigorously pursued with the hope of a vaccine being developed immediately. Plastic, being not biodegradable, on the other hand, due to its use and abuse by mankind, is here to stay."

When the Standing Counsel for the Devaswom Board specifically sought for such permission, at least for the staff and employees posted at Sabarimala with strict monitoring of the disposal, the Court said

"Monitoring and disposal, of the masks, gloves face shields and plastic bottles used even by the employees, are downright impossible; especially given the predilection of humankind to use the whole of the earth; except their homes as a dumping ground"

Lastly, the Court also said,

"It is to be remembered that we, who now inhabit this planet, hold nature and its bounties in trust for the generations to come. We find it impossible to review the orders passed and respectfully re-affirm the same."