SUO MOTU Vs. STATE OF KERALA

JUDGEMENT

(1.) Unregulated and irresponsible disposal of plastic waste has become a major cause for environmental pollution. Plastic being nonbiodegradable, poses a serious threat to all life forms on earth. Though convenient and durable, extensive use of plastic has unleashed a veiled monster - plastic pollution. Sadly, post COVID-19 pandemic, we are witnessing an alarming increase in the use of plastics thereby endangering the environment even further. When plastic breaks down, it turns into harmful nodules of micro plastics which find their way into water bodies and are ultimately consumed by humans and animals. World over, the challenges in disposing of plastic waste has become a serious issue.

(2.) Despite being aware about its dangers, use of alternatives for plastic has not permeated into the human lifestyle. A part of it is, no doubt, due to lack of such alternatives and a part to the convenience that plastic bring to our everyday life. However, our Constitution behoves each of us to conserve our environment for the future generation, a trust bestowed upon us. Hence, it is essential that, as a society, we try to minimise the use of plastic, wherever possible.

(3.) The prolific use of plastic, coupled with unscientific and irrational methods of its disposal are leading to serious health hazards. Article 47 of the Constitution of India, directs, as a policy of the State, to improve public health, while Article 48A provides that the State must endeavour to protect and improve the environment and wildlife of the country. Similarly it is a fundamental duty of every citizen under Article 51A(g) to protect the natural environment, forests, lakes, rivers and wildlife and also to have compassion for living creatures.