Kerala High Court Prohibits Compostable Water Bottles at Sabarimala Pilgrimage Sites
In a significant environmental ruling, the Kerala High Court has refused permission to sell drinking water in compostable bottles at the sacred pilgrimage sites of Sabarimala, Pamba, and Nilakkal. The court held that products classified as "compostable" under the Plastic Waste Management Rules, 2016, cannot be treated as biodegradable, thereby rejecting a petition seeking to introduce these eco-friendly alternatives.
Petition Dismissed Amid Environmental Concerns
A bench comprising Justices V Raja Vijayaraghavan and K V Jayakumar issued the order while dismissing a petition filed by Swami Saranam Enterprises, based in Ernakulam. The petitioner had argued that the bottles, made from organic materials like plant-based polylactic acid (PLA), are biodegradable and derived from renewable sources such as corn, sugarcane, and cassava. Despite resembling conventional plastic in appearance and texture, the company claimed the bottles are environmentally sustainable as they are not petroleum-based and can decompose under proper composting conditions.
However, the court noted critical flaws in this argument. It observed that a product qualifying as compostable does not automatically make it biodegradable, and it must independently comply with standards for both categories. The bench emphasized that the petitioner's request essentially sought to introduce millions of synthetic polymer containers into one of Earth's most irreplaceable biological treasures, with potential for permanent and irreversible harm.
Opposition from Environmental Authorities
The forest department strongly opposed the plea, contending that the certifications provided by the petitioner were largely from private laboratories and lacked validation from competent statutory or government authorities. This position was supported by key environmental bodies:
- Central Pollution Control Board (CPCB): Submitted that compostable plastics like PLA can only be converted into compost under controlled industrial composting conditions, not in open or natural environments. In uncontrolled settings, these materials do not readily decompose and instead contribute to environmental litter.
- Kerala State Pollution Control Board (KSPCB): Highlighted that there are no industrial composting facilities currently available in Kerala for the effective disposal of compostable plastics, making the petitioner's claims of environmentally safe composting impractical given the existing infrastructure.
Key Findings and Rationale Behind the Ban
The court's decision was based on several critical findings that underscore the environmental risks:
- Material Composition: The court noted that the petitioner's claim of the product being 100% plant-based is incorrect. The bottles are not pure PLA but a blend of PLA and polybutylene adipate terephthalate (PBAT), with the latter derived from petrochemicals.
- Pilgrimage Footfall: Between 30 and 50 million pilgrims visit Sannidhanam during the Mandalam-Makaravilakku season. Even a conservative estimate of 10% usage would result in 3 to 5 million bottles entering the fragile ecosystem in a single season.
- Waste Management Challenges: The collection mechanism proposed by the petitioner was deemed neither operationally credible nor practically enforceable. The court observed that it is inconceivable to effectively monitor, retrieve, and manage waste across such terrain, especially with such massive footfall.
This ruling reinforces the court's commitment to protecting sensitive ecological zones from potential plastic pollution, even from materials marketed as sustainable. It sets a precedent for stricter scrutiny of compostable products in environmentally vulnerable areas, balancing innovation with conservation.
