Reforming Plastic Waste Governance in Sri Lanka: A Critical Legal Analysis through Comparative Environmental Law and the Right to Life

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.