The Madras High Court has imposed a sweeping ban on 28 categories of plastic products, including single-use PET bottles, in an effort to safeguard the fragile ecosystem of the Nilgiris and Kodaikanal, along with other areas of the Western Ghats stretching up to the Agathiyar Biosphere in Kanyakumari district.
A special forest bench comprising Justice N. Satish Kumar and Justice Bharatha Chakravarthy issued the order, which prohibits the manufacture, storage, supply, transport, sale, and distribution of the listed plastic items. The court observed that despite earlier directions to curb plastic waste, large quantities of banned plastic products continue to be found strewn across the hills, endangering wildlife, flora, and the environment.
Highlighting the gravity of the situation, the court remarked, “Though this Court had issued orders banning PET bottles and other plastic waste in the area, plastic waste was found strewn everywhere throughout the Western Ghats, posing a grave threat to the environment and the local flora and fauna.”
The order lists items such as PET bottles, plastic sheets, cling films, thermocol plates and cups, plastic-coated plates and cups, straws, plastic flags, carry bags, non-woven bags, water pouches, plastic cutlery, and decorative polystyrene. Packaging films around sweet boxes, invitation cards, and cigarette packets are also covered under the ban.
The court not only targeted the sale and distribution of plastic but also took note of how the banned items were being smuggled into these environmentally sensitive zones. To stop the transport of plastic waste into these regions, the court directed the Tamil Nadu government to frame and notify special conditions under Section 67(3) of the Motor Vehicles Act, empowering authorities to modify transport permits. Under the new conditions, no vehicle will be allowed to carry the banned plastic items into the protected areas, and any violator will face seizure of their vehicle, permit cancellation, and legal action.
In its order, the court emphasized, "Vehicles found transporting the banned items shall be detained and appropriate action be initiated against the persons responsible."
The court further suggested practical solutions to reduce the dependence on plastic packaging. It recommended that shop owners and vendors transfer the contents of plastic-packaged consumables into biodegradable alternatives like paper covers, leaf products, and earthen containers before handing them over to customers. This system aims to ensure the non-biodegradable packaging is returned to manufacturers for safe disposal.
District Collectors have been instructed to meet with manufacturers and develop a return scheme for the packaging waste, ensuring manufacturers take responsibility for the environmental impact of their products. The court underlined that local bodies should receive funds to cover the expenses for managing the returned packaging.
In a bid to promote sustainable tourism, the court proposed that authorities provide tourists with reusable alternatives like steel bottles, cups, and food containers, against a refundable security deposit. It further recommended integrating eco-friendly initiatives with the state’s “Meendum Manjappai” scheme, encouraging the use of cloth bags, reusable cutlery, and eco-friendly straws.
The court also directed that awareness about the plastic ban should be actively spread. It suggested that information centers be set up at every two-kilometer interval along key tourist routes to check for prohibited items and educate visitors about the region’s conservation goals. The court asserted that such efforts would not only prevent plastic waste but also “promote sustainable development and preservation of flora and fauna.”
Strict enforcement of the ban and hefty fines for violations were also recommended as part of the comprehensive plan to protect the Western Ghats, especially in the Nilgiris and Kodaikanal.
The judgment also highlighted the court's disappointment with the public’s continued apathy toward nature conservation. Quoting from the order, the bench observed, “The forests are facing extinction. The pristine ecosystem is encountering a major challenge. After unknowingly consuming these plastics, animals die.”
The petition was filed by G. Subramania Koushik, with the counsel Mr. T.V. Suresh Kumar representing the petitioner. The respondents were represented by a battery of senior counsels and amicus curiae, emphasizing the collective importance of the issue.
This landmark order once again demonstrates the judiciary’s proactive approach to ecological conservation, emphasizing both government accountability and the need for public cooperation in preserving India’s natural heritage.
Case Title: G Subramania Koushik v. The Principal Secretary and Others
Case No: W.M.P.No.15112 of 2019 in W.P. No. 15120 of 2019
