Abstract:
Abstract— Plastic pollution has emerged as one of the most
pressing environmental and public health challenges in Sri
Lanka, threatening ecosystems, biodiversity, public health,
and sustainable development. Despite the existence of
several regulatory measures under the National
Environmental Act No. 47 of 1980 and related Gazette
Notifications restricting single-use plastics, Sri Lanka’s
plastic waste governance framework remains fragmented,
weakly enforced, and institutionally inconsistent. This
study critically examines the inadequacies of the existing
legal and policy framework governing plastic waste in Sri
Lanka through a comparative environmental law approach,
with particular emphasis on the protection of the right to
life. The study argues that ineffective plastic waste
governance not only contributes to environmental
degradation but also undermines fundamental human
rights by exposing communities to hazardous waste,
polluted waterways, flooding, marine contamination, and
health-related risks associated with plastic disposal and
microplastic exposure. Employing a qualitative doctrinal
methodology supported by comparative analysis, the paper
evaluates legal models adopted in India and the European
Union, particularly Extended Producer Responsibility
(EPR), lifecycle regulation, and circular economy-based
approaches to plastic governance. The paper further
analyses the constitutional and human rights dimensions of
environmental protection by examining the evolving
recognition of environmental rights within comparative
jurisprudence and international human rights law. It
contends that Sri Lanka’s current regulatory regime lacks
an integrated legal mechanism capable of ensuring
accountability, sustainability, and effective enforcement.
Accordingly, the study proposes comprehensive legal and
institutional reforms, including the enactment of a unified
Plastic Waste Management Act, incorporation of statutory
EPR obligations, strengthening enforcement mechanisms,
and adopting rights-based environmental governance
strategies. The study ultimately concludes that meaningful
reform of Sri Lanka’s plastic waste governance framework
is essential not only for environmental sustainability but
also for safeguarding the right to life and ensuring
intergenerational environmental protection.
