Kerala HC Questions Plastic Bottle Ban Enforcement at Weddings

Kerala HC Questions Plastic Bottle Ban Enforcement at Weddings

Last week, the Kerala High Court raised concerns over the widespread use of plastic bottles at marriage functions and questioned the state's failure to enforce its ban on such bottles.

The Division Bench of Justice Bechu Kurian Thomas and Justice P. Gopinath was hearing a suo motu case concerning waste management issues in the state. 

The Court reviewed the government's report on banning plastic in hilly stations and also expressed concerns about overall waste disposal in the state. 

In the previous hearing, the Bench had suggested imposing a ban on single-use plastic in hilly areas to protect tourist hotspots from environmental degradation. It had also directed the government to propose a strategy, citing the successful enforcement of a similar ban by the Madras High Court in Tamil Nadu.

Special Secretary of the Local Self Government Department (LSGD), Anupama T.V. IAS, presented a report on the waste disposal mechanism. However, Justice Gopinath questioned the effectiveness of the ban on small plastic water bottles and asked,

"For small bottles there is already a ban in place, how do we ensure that it is effectively enforced because we see small bottles in every functions now. How do we implement this?"

The Court took serious note of the widespread use of small plastic water bottles at marriage functions across Kerala and emphasized the need to avoid them. 

In response, Anupama T.V. informed the Court that gatherings exceeding 100 people require a license from the local government and that a ban is already in place on plastic water bottles below 500 ml.  

However, the Court was also informed that a statewide enforcement review uncovered over 100 violations, prompting the government to consider an online reporting system. This system would allow citizens to upload photos of violations, leading to fines.  

Anupama further highlighted the State’s plan to increase the number of district-level 'enforcement squads' to monitor such violations.  

At this, Justice Bechu Kurian Thomas suggested replacing small plastic bottles with alternatives like glass bottles.  

"These small bottles are creating havoc and can easily be replaced with glass bottles," the judge remarked.  

The Court also examined the issue of plastic waste generated by Vande Bharat trains in Kerala, particularly the disposal of plastic water bottles on railway tracks.  

Seeking a response from the Railways regarding their waste disposal mechanisms, the Court suggested that local authorities issue notices for the removal of waste generated by trains.

"Local authorities should be issuing notices to the Railway to remove such wastes, they are bound to remove, they cannot have these wastes dumped in the railway tracks. Ensure that tracks are free of waste. As a bulk waste generator, you owe a duty to the public and to the legal system," Justice Bechu told the counsel representing Railways.

The Court also highlighted the lack of public sanitation facilities in Kerala. Referring to Australia's roadside urinals made of stainless steel with limited water usage, it suggested setting up similar small, hygienic urinals across the state.  

Emphasizing the necessity of such facilities for both men and women, the Court underscored their role in maintaining hygiene and ensuring proper waste disposal.  

The matter was adjourned to March 28, with directions for the government and Railways to respond to the issues raised.  

Special Secretary Anupama T.V. IAS, representing the Local Self-Government Department, appeared in person before the Court.

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