Kochi (Kerala): Kerala High Court, on January 10, dismissed a state government order banning plastic carry bags in Kerala. The government banned plastic carry bags below 60 grams per square metre (GSM).
Justice N Nagaresh stated that only the central government could issue order under the plastic waste management act to regulate or restrict the use of such products.
Notably, a ban on plastic came into effect in Kerala on January 1, 2020.
The state government banned plastic carry bags below 60 GSM as part of the plastic disposal policy. Further, the business establishments received directions from the concerned state bodies.
Further, the state also imposed penalties and fine on people who produce and sell such plastic bags. However, High Court viewed that the state government did not have the power to make such a decision and quashed the government order.
This ban applied to 11 different types of plastic, including plastic carry bags (regardless of thickness), plastic sheets (table spread), thermocol, styrofoam plates, cups, decorations, single-use plastic spoons, forks, straws, dishes, stirrers, plastic-coated paper cups, plates, and bowls, coated paper bags, non-woven bags, plastic flags, plastic bunting, and non-branded plastic juice packets. Pet bottles, plastic rubbish bags, PVC flux products, and plastic packets were all subject to the prohibition.