Kerala Federation of Women Lawyers Vs. Corporation of Cochin - Court Judgment

C.N. RAMACHANDRAN NAIR, J.

1. This is a Public Interest Litigation filed by the Kerala Federation of Women Lawyers for appropriate directions from this Court to Government and local authority to prevent all kinds of health hazards caused by solid waste being thrown by people on road sides and in public places. When the matter came up for hearing on 23.10.2011, this Court passed an interim order directing the respondents to file statements. Statement has been filed on behalf of the State contending that Government is contemplating comprehensive legislation in the matter. So far as the Cochin Corporation is concerned, learned Standing Counsel sought for further time. Certain associations of plastic manufacturers and plastic dealers have filed impleading application apprehending that this Court may prohibit manufacturing of low grade plastic carry bags, which is the route cause of pollution as solid waste is dumped or thrown away in plastic carry bags by the people. Low grade plastic carry bags are extensively used for sale of vegetables, fish, meat etc., and the same bags are used by people for packing waste from kitchen and dump the same on road sides and public places. This Court will consider restriction or prohibition against packing and sale of goods in plastic carry bags only during final hearing of this matter after additional respondents file counter affidavits.

2. Nobody denies that in every corner of public road sides and in vacant public places in Kochi Corporation and the nearby Municipalities people dump waste in plastic carry bags. The waste stuffed and dumped in plastic carry bags get decomposed and cause pollution of the atmosphere and water including ground water. Even birds and animals eating such decomposed materials die or otherwise get affected on account of bacterial contamination. Massive death of lot of vultures is reported from Bombay on account of their eating hazardous materials. In Kerala also, it is worth conducting a study as to whether the reduction in the number of birds, crows etc., is on account of sterility and the death caused on account of contaminated waste eaten by them. Lot of cases of people developing intestinal and lever diseases are reported on a day-to-day basis on account of consumption of contaminated drinking water. We feel, even if waste is spread in open areas without packing natural scavengers like birds and animals eat the same fresh and clean up the area. Therefore, throwing way waste in plastic and other nonbiodegradable materials in any case should be prohibited. Learned Standing Counsel for the Corporation and the learned Government Pleader submitted that every household including flats should have arrangement for treatment of solid waste generated in households and already Solid Waste Management Rules provide for it. However, fact remains that on account of want of space or facility or lack of interest, people continue to dump waste on road sides and in public places in plastic bags without any regard to health hazards and environmental pollution caused by it. We are told that in certain places municipalities are arranging collection of waste and dumping the same in dumping yards. Here again, what happens is that waste is collected in plastic carry bags and the result is decomposition and contamination of the waste in carry bags, which cause extensive pollution.

3. In our view, the only way to prevent pollution and save the community is to prohibit disposal of solid waste from houses, hospitals, hotels, etc., in plastic carry bags or in any non-biodegradable material. It is for the Corporation and the Municipal authorities to arrange for collection or provide dust bins at various centres for the people to dump waste other than in plastic or any other non-biodegradable materials and then to arrange for removal and treatment of the same at the solid waste treatment yard. Therefore, there will be an order of prohibition against any person disposing or dumping waste in plastic carry bags or in any other non-biodegradable material in any public place or road side and if any person is found doing it, the Police should prosecute such person under S.268 read with Ss.269 and 278 of the Indian Penal Code along with applicable provisions of the Municipal Laws. The State will through the DGP issue instructions to all Police Stations to conduct patrol in urban areas and take action against whoever dumps or disposes of waste in plastic carry bags or in non-biodegradable materials but to collect only in containers provided by the Municipalities for dumping or for treatment. Plastic and non-biodegradable materials should be separately collected by the Municipalities and local authorities for recycling or for disposal through other scientific methods.

Learned Government Pleader will forward a copy of the order to the Government and to the DGP for issuing instructions and for enforcement by Police and also by all local authorities. Any person on getting information of dumping of waste by any other person in plastic bags or in bio-degradable materials in any public place or road can lodge a compliant before the Police, and in that event the Police shall conduct investigation and launch prosecution against the person concerned. The Police and the Government should ensure that this order is complied with in the same way prohibition of smoking in public places is enforced in the State, which was also done under Court orders. It is for the Government to consider appropriate legislation keeping in mind this order also. In our view, the Government should consider legislation providing for levy of charges from the public to fund the Municipal authorities for waste collection, treatment and disposal. Learned Government Pleader will file compliance report of this order within two weeks from today.