Kochi: The Kerala High Court on Saturday issued a series of directives to ensure the strict enforcement of the ban on certain single-use plastics (SUPs). The court has also mandated that manufacturers, importers, and plastic waste processors obtain the necessary registration under Rule 13 of the Plastic Waste Management Rules, 2016.

A Division Bench comprising Chief Justice Nitin Jamdar and Justice S Manu was hearing a public interest litigation (PIL) that highlighted the widespread violation of registration requirements by plastic manufacturers. Following the court’s directive, the Kerala State Pollution Control Board (KSPCB) submitted an affidavit outlining proposed measures to address the issue. Subsequently, the Additional Chief Secretary of the Local Self Government Department issued an order specifying instructions for strict compliance.

Key directives by LSG

• Identification and monitoring: Local Self Government Institutions (LSGIs) must assist KSPCB in identifying manufacturers and suppliers of banned SUP items. Regular inspections must be conducted independently and jointly with KSPCB to identify violators.
• District-level enforcement: Enforcement squads will carry out district-wise inspections of major commercial establishments, stockists, retailers, sellers, and importers to detect banned SUPs and compostable/biodegradable commodities not certified by the Central Pollution Control Board (CPCB).
• Registration compliance: The Enforcement Squad must inspect Producers, Manufacturers, Importers, and Brand Owners (PIMBO) involved in plastic packaging to ensure they are registered on the Centralised EPR Portal. Retailers selling compostable plastics must also have proper CPCB authorisation.
• Stakeholder engagement: The Board will conduct interactive sessions, meetings, and workshops with stakeholders to spread awareness regarding compliance.
• Public participation: The State Government has been directed to develop an app similar to CPCB’s SUP-CPCB, enabling citizens to report unauthorised plastic distribution. Additionally, the existing War Room Management Portal of the Local Self Government Department will serve as a platform for public complaints related to waste dumping.
• Awareness campaigns: The State has proposed a one-year sensitisation drive to educate vendors and retailers on compliance with packaging, registration, and sales restrictions under Rules 11, 13, and 14.

Court’s directives for implementation

• Strict compliance: The government's order must be enforced rigorously, and violations should be reported to the authorities for action.
• Retailer and vendor education: KSPCB must conduct awareness meetings with state and district-level associations, manufacturers, recyclers, and enforcement stakeholders within one month, followed by district-level meetings within two months.
• Public awareness initiatives: In collaboration with the Local Self Government Department and educational institutions, KSPCB will organise awareness programs, exhibitions, street plays, media campaigns, and distribute informational brochures on plastic alternatives. These activities will be repeated annually.
• Development of a mobile app: The State Government and KSPCB must launch a mobile application within three months to enable citizens to report violations, ensuring prompt action.

The court further stated that KSPCB, the petitioner, or any public-spirited individual or NGO may approach the court for further directions regarding enforcement and assistance to the Pollution Control Board.
(With LiveLaw inputs.)