India's fashion industry is massive, employing millions and contributing significantly to the economy. But it's also a major polluter, responsible for a substantial share of carbon emissions and water pollution. With the rise of fast fashion, cloth waste is soaring — India is projected to induce 7.7 million tons of cloth waste in 2025 alone.
What is Sustainable fashion?
Sustainable fashion refers to clothing production methods that unfold and promote fair labor conditions with minimal environmental degradation. Sustainability efforts include incorporating environmentally friendly stuff really carefully and reducing waste significantly throughout supply chains for fair wages.
Making clothing is fundamentally about crafting garments in a manner beneficial for both people and the planet at the same time. But for fashion brands in India, embracing sustainability isn't just about going green—it also comes with legal strings attached.
Legal Framework for Sustainable Fashion in India
There is no single piece of legislation in India that regulates sustainable fashion. Brands must rather deal with a combination of environmental, labor, and consumer protection legislation. Here are some legal areas where the thread of sustainability is being woven in:
Environmental Compliances
The Environment (Protection) Act, 1986, and associated rules like the Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981, directly impact how fashion factories operate.
Fashion manufacturing—particularly dyeing, printing, and tanning uses vast water and emits pollutants. Brands must secure consents from State Pollution Control Boards (SPCBs) to operate legally. Hazardous Waste (Management and Handling) Rules, 1989 applies if the manufacturing process generates harmful residues and Plastic Waste Management Rules, 2016 restrict single-use plastic packaging.
[Non-compliance can lead to closure, fines, or worse i.e., brand damage no PR firm can fix.]
Labour Laws: Behind Every Stitch Is a Worker
Sustainability isn't just about fabric—it's also about who makes the clothes. Indian fashion brands must comply with:
- The Factories Act, 1987
- Minimum Wages Act, 1948
- The Child Labour (Prohibition and Regulation) Act, 1986
With increasing global scrutiny on supply chain ethics, Indian exporters are now asked to provide sustainability audits, fair trade certifications, and ESG (environmental, social, and governance) compliance reports. Any sign of child labour, exploitation, or hazardours conditions is illegal and damages reputation.
Sustainability and Intellectual Property
Sustainability in fashion isn't just about the environment but it also weaves through intellectual property. In the fashion industry, designs, logos, prints, patterns, and even unique fabric blends are all IP assets.
Designing sustainable fashion often involves licensing eco-textile technologies, organic material patents, or ethical manufacturing methods. When Indian brands license such IPRs (often from international entities), they must comply with:
- The Copyright Act, 1957 – for original artistic designs
- The Designs Act, 2000 – for registered textile patterns and motifs
- The Patents Act, 1970 – for eco-innovations
- The Trade Marks Act, 1999 – for branding eco-collections or green tags
Consumer Law
If a brand advertises its collection as "eco-friendly," "organic," or "sustainable" without proof, it could be in contravention of the Consumer Protection Act, 2019, and Advertising Standards Council of India (ASCI) rules and guidelines.
Misleading green claims can result in complaints, fines, and brand boycotts. International markets like the EU are even more rigorous under Green Claims Directive
Disposal – A legal responsibility
Under the Plastic Waste Management Rules, 2016 (amended 2022) and the proposed Extended Producer Responsibility (EPR) guidelines for textiles, the Indian government is pushing producers to:
- Take back used products,
- Facilitate recycling and reprocessing,
- Reduce landfill waste.
While India has formal EPR obligations for plastic and electronic waste, similar rules for textile waste are in the pipeline under the Ministry of Environment, Forest and Climate Change (MoEFCC).
Illegal dumping or burning of textiles especially synthetics that attracts liability under:
- Environment Protection Act, 1986
- Solid Waste Management Rules, 2016
- Public nuisance and tortious liability
Landmark Cases on Fashion and Sustainability
These landmark rulings shaped India's legal stance on sustainability, corporate accountability, and ethical fashion. They highlight how courts enforced environmental protection and responsible business conduct.
Vellore Citizens' Welfare Forum v. Union of India
The Hon'ble Supreme Court introduced the concept of "Sustainable Development" as a part of Indian law. The Precautionary Principle and Polluter Pays Principle were explicitly recognized. It was held that industries that cause pollution must take full responsibility for the damage caused to the environment and adopt cleaner technologies.
People for Ethical Treatment of Animals (PETA) India v. Union of India & Ors.
This case strengthened the rights of animals in the context of fashion. The Hon'ble Supreme Court upheld restrictions and bans on the use of skins of exotic animals in luxury fashion items, highlighting that ethical sourcing is a key component of sustainability.
Radhakanta Nayak v. State of Odisha
This case dealt with pollution caused by textile dyeing units in Odisha. It emphasized strict adherence to waste management protocols and the legal liability of fashion businesses for environmental degradation.
M.C. Mehta v. Union of India (Tanneries Case)
The Hon'ble Supreme Court ordered closure of all polluting tanneries that failed to set up treatment plants. This case reinforced the duty of industries to not harm the environment and to use proper waste treatment practices.
Christian Louboutin SAS v. Nakul Bajaj
The Hon'ble Delhi High Court highlighted that resellers cannot mislead customers by falsely affiliating with original IP owners, even when selling authentic used goods.
Related: Corporate Law Firms In Delhi NCR
Conclusion
Sustainability is no longer optional in fashion. Brands need to make sustainability a core part of every part of their business, not just an add-on. With stricter laws coming soon and rules being enforced more strongly, the fashion industry must change radically to build a future where planet and style fuse together.
Fashion tells stories. Consumers nowadays demand garments that narrate tales of regard for people, planet and future. As sustainability moves from the ramp to the rulebook, brands that ignore its legal dimensions risk more than just a bad headline—they risk regulatory heat, lawsuits, and irrelevance.
So, for Indian fashion brands, it's time to go beyond trends and thread compliance into the fabric of business. Because in the new era, ethical is the new black.
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