Lawyer Moves Kerala High Court Against Dumping Of Plastic Waste In National Parks, Wildlife Sanctuaries, Tiger Reserves & Forest Areas In State

The petitioner is aggrieved by the inaction of the authorities in combating plastic pollution into ecologically sensitive and forest areas to prevent environmental pollution.

The Division Bench comprising Chief Justice A J Desai and Justice V G Arun issued notice to the respondents. The Government Pleader took notice on behalf of the State Government, State Police Chief, Department Of Forest, Ministry of Environment and Kerala Forest Development Corporation. The Standing Counsel of the Pollution Control Board took notice for the State Pollution Control Board.

In his Public Interest Litigation, the petitioner alleged that most of the accumulated waste consists of single-use plastics, PET bottles, packages of snacks and beverages. He alleges that dumbing such waste into sensitive ecosystems and forest areas, especially by tourists endangers the rare flora and fauna.

The plea stated that there are Special Task Forces in all States and Union Territories to identify and remove single use plastic items and for effective waste management. It is stated that there is a total ban of single-use plastic, multi-layer plastic and PET bottles of one litre and below in Amrabad Tiger Reserve in Telangana from July 01, 2024. The plea also points out that the Odisha Government has also imposed a ban on single-use plastics in national parks, tiger reserves, wildlife sanctuaries and eco-tourism sites from April 01, 2024.

The plea stated that no measures have been taken to remove or recycle plastic waste in Kerala despite the growing issue of plastic pollution. The plea suggests that plastic could be reused and recycled in various ways unless there is a reconsideration of how plastic is manufactured, used, and managed.

The plea further states that the State Pollution Control Board has issued multiple regulations and circulars prohibiting the use of plastic materials in forest areas. It alleged that ineffective implementation, absence of executive orders from the State Government, and insufficient penalties for plastic litter have rendered these guidelines and circulars ineffective.

The plea said: “As per the provisions of the Wildlife (Protection) Act, 1972, the respondents are bound to issue prohibition orders, with providing stringent penal actions against the violators and with effective enforcement mechanism to implement such prohibitions. The omission to act, in terms of the legislative mandate is arbitrary, unreasonable, and in violation to Article 14 of the Constitution of India.”

The plea thus seeks issuance of appropriate orders from the State Government such as prohibition orders to ban plastic bags to prevent the use of harmful plastics like PET bottles, single-use plastic bags, plastic parking materials in forest areas, national parks, wildlife sanctuaries and Tiger reserves in the State. The plea also seeks for the formulation of a permanent scheme to remove accumulated plastic waste from forest areas, national parks, wildlife sanctuaries and Tiger reserves in the State in a time-bound manner.

The matter has been posted to August 12, 2024.

The plea has been moved by Advocate Niharika Hema Raj

Case Title: Adv Sunil Kumar A G v State of Kerala & Ors

Case Number: WPC 22966/2024