Dumping waste in plastic bags banned
Court orders prosecution of ban violators
A Division Bench of the Kerala High Court on Monday prohibited dumping of waste in plastic carry bags or bags made of any other non-biodegradable material in public places or roadsides and ordered the police to prosecute those who violated the order.
The Bench comprising Justice C.N. Ramachandran Nair and Justice P.S. Gopinathan issued the order on a writ petition filed by the Kerala Federation of Women Lawyers seeking a directive to the State government to prevent dumping of waste on public places.
The court directed the police to prosecute those who violated the ban order under Sections 268 (public nuisance), 269 (negligent act likely to spread infection of disease dangerous to life), 279 (making atmosphere noxious to health) of the Indian Penal Code (IPC), and also under the relevant provisions of the municipal laws.
The court directed the State government to issue instructions through the DGP to all police stations to patrol urban areas and take action against those found dumping waste in plastic carry bags in public places.
The Bench directed the State government to inform local bodies to instruct persons or agencies engaged in collection of solid waste not to collect waste kept in bags made of plastic or any other non-biodegradable material.
They should collect the waste in containers provided by local bodies. The plastic and non-biodegradable waste should be collected separately.
The judges said that a complaint could be lodged with the police station if any person got information about waste being dumped in plastic carry bags in public places.
The court said it was for the State government to consider appropriate legislation keeping in mind the order and levy charges from persons charged with throwing the waste in plastic carry bags at public places or roadsides. The money so collected could be used to fund waste collection and treatment. The government had submitted that it was contemplating a legislation banning dumping of plastic carry bags stuffed with waste.
The Bench directed the State government to file a compliance report within two weeks. The court was of view that low quality plastic bags were being used for carrying vegetable, meat, and also for duping waste. So, waste in these bags got decomposed and polluted the atmosphere and water sources.
The court pointed out that even birds and animals which fed on such waste died or got afflicted with diseases due to contamination. The court said it was worth undertaking a study in the State to find out the number of animals killed on account of diseases caused by such contamination.
The court felt even if waste was spread in open areas, natural scavengers ate them and cleaned the area. Hence, throwing away waste in plastic or other non-biodegradable material should be banned.
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