Kerala HC denies nod to sell compostable plastic water bottles at Sabarimala

Kochi: High court has refused permission to sell drinking water in compostable bottles — made from organic materials such as plant-based PLA (polylactic acid) — at Sabarimala, Pamba and Nilakkal, holding that products classified as "compostable" under the Plastic Waste Management Rules, 2016 cannot be treated as biodegradable.A bench of Justices V Raja Vijayaraghavan and K V Jayakumar issued the order while dismissing a petition by Swami Saranam Enterprises, Ernakulam, seeking permission to sell drinking water in compostable bottles at Sabarimala. The petitioner contended that the materials used in manufacturing the bottles are biodegradable, plant-based products derived from renewable sources such as corn, sugarcane and cassava. Though the final product resembles conventional plastic in appearance and texture, it was argued to be environmentally sustainable, as it is not derived from crude oil and is capable of decomposing under appropriate composting conditions.Despite the petitioner producing chemical laboratory reports and certifications in support of its claims, the forest department opposed the plea, contending that the documents relied upon were largely issued by private laboratories and did not constitute certifications from competent statutory or govt authorities. Supporting this position, the Central Pollution Control Board (CPCB) submitted that "compostable plastics" such as PLA can be converted into compost only under controlled industrial composting conditions, and not in open or natural environments. In such uncontrolled settings, the material does not readily decompose and instead contributes to environmental litter. Similarly, the Kerala State Pollution Control Board (KSPCB) submitted that there are no industrial composting facilities currently available in the state for the effective disposal of compostable plastics, rendering the petitioner's claim of environmentally safe composting impractical in the existing infrastructural context.Noting these facts, HC observed that a product that qualifies as compostable cannot, by that very fact, be treated as biodegradable, nor can it simultaneously satisfy both categories without independent compliance with the respective standards. It remarked that the petitioner's prayer, in essence, sought to introduce millions of synthetic polymer containers into the heart of one of Earth's most irreplaceable biological treasures. The stakes are permanent, and the harm, if it occurs, would be irreversible. HC further noted that the petitioner's claim that the product is 100% plant-based is incorrect, as it is not pure PLA but a blend of PLA and PBAT (polybutylene adipate terephthalate), the latter being derived from petrochemicals.Additionally, HC noted that between 30 and 50 million pilgrims visit Sannidhanam during the Mandalam-Makaravilakku season. Even on a conservative estimate of 10%, this would result in 3 to 5 million bottles entering the fragile ecosystem within a single season. The collection mechanism proposed by the petitioner, projected as a safeguard, was found to be neither operationally credible nor practically enforceable. The court also observed that it is inconceivable that any collection system could effectively monitor, retrieve, and manage waste across such terrain, particularly in the context of such massive footfall.
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