The Kerala High Court on Tuesday quashed an order of the State Government, prohibiting the manufacture, stocking and sale of compostable plastic bags
The High Court said ‘the decision of the Government to include compostable plastic carry bags within the purview of the ban order in respect of single-use plastic articles cannot be legally sustained’
It is my view that such perception of the Government, without anything more, might have justified the imposition of restrictions on ‘ordinary rights’ of persons, whether statutory or under common law, especially when the restrictions are seen imposed with a view to sub serve the fundamental right to clean environment of the public at large- a right relatable to the fundamental right to life under Article 21 of our Constitution. It will not, however, suffice to justify restrictions on the ‘fundamental rights’ of a person.
A Single Bench of Justice AK Jayasankaran Nambiar noted that the impugned order was passed on a mere conjecture that non-compostable plastics are bein