Fundamental rights petition seeks levy on single-use polythene bags

Colombo, April 9 (Daily Mirror) - A Fundamental Rights petition has been filed in the Supreme Court seeking the immediate introduction of a regulated levy on single-use polythene bags, along with a structured mechanism to promote environmentally friendly alternatives.

The petition, bearing No. SCFR 53/2026, was filed on April 8, 2026, by the Centre for Environmental Justice (CEJ) along with environmentalists Hemantha Withanage and Dilena Pathragoda. It urges urgent legal intervention over the environmental and health impacts caused by single-use plastic and polythene products.

The petition highlights that while plastic bags and food packaging are widely used due to their low cost and convenience, they pose long-term environmental hazards. It notes that although such items are used for only a few minutes, they can persist in the environment for 400 to 1,000 years, breaking down into microplastics that contaminate ecosystems. The petition also warns that toxic gases released during burning contribute to various diseases.

Citing global figures, the petition states that nearly 500 billion plastic bags are used annually, contributing significantly to marine pollution. It further points out that plastic waste clogs drainage systems, causes flooding, pollutes waterways, and harms marine and terrestrial life. Additionally, emissions from plastic production and disposal, including carbon dioxide, dioxins, and furans, are said to contribute to climate change.

The petition also raises concerns over health risks, including the contamination of food when plastic is used for hot items, and groundwater pollution caused by plastic waste in landfills.

Although legal measures were introduced in 2006 and 2017, the petition argues that weak enforcement has allowed the problem to persist. It further claims that a price introduced on polythene bags in 2025 has not been an effective solution.

The petitioners emphasize the distinction between a “fee” and a “levy,” arguing that a proper levy system under the Environmental Conservation Levy Act, No. 26 of 2008, should be implemented. They also cite lack of coordination among enforcement agencies as a key reason for continued violations.

The application states that the current situation violates the State’s obligation to protect the environment, the “polluter pays” principle, and citizens’ fundamental right to a clean environment under Article 12(1) of the Constitution.

The petition names several respondents, including the Consumer Protection Authority, the Central Environmental Authority and its Director General, the Minister of Environment, the Secretary to the Ministry of Environment, the Minister of Finance, the Inspector General of Police, and the Attorney General.

Among the reliefs sought are an order to establish a comprehensive system for eco-friendly packaging, the imposition of a regulated levy on single-use polythene, and the creation of a government-controlled fund to support environmental protection initiatives. The petition also calls for strict enforcement of existing laws and the promotion of biodegradable and reusable alternatives.

Senior Counsel Dr. Ravindranath Dabare appears for the petitioners, under instructions from Attorney-at-Law Ms. Nilmal Wickramasinghe.