This article is authored by Vibhuti Sharma, a third year B.Sc. LL.B. student at the  National Law Institute University, Bhopal

Introduction

The recent Met Gala held on May 5, 2025, with the theme “Superfine: Tailoring Black Style,” was another grand celebration of fashion, culture, and creative expression. High-Profile Fashion events like the Met Gala, Fashion Weeks, and Cannes captivate global audiences with their glamour and creativity, but it’s crucial to look beyond the spectacle. These events generate vast textile waste, promote single-use couture, and contribute significantly to carbon emissions through energy-heavy production and international transport.

The excessive use of fabrics – much of which is discarded shortly after use, paired with the environmental cost of elaborate set designs, lighting, and international logistics, highlights a darker side of the fashion industry’s most visible platforms. Moreover, these events often overlook the exploitation of labour and unsustainable sourcing practices.

In this blog, the author aims to explore the concept of sustainable fashion, outlining the key issues it faces, the relevant laws in India and abroad, and potential strategies to address these challenges effectively.

Defining Sustainable Fashion and the Role of Law

Sustainable fashion refers to a design philosophy and movement within the fashion industry that seeks to minimize the environmental and social impacts of clothing production, consumption, and disposal. This has also been discussed in great detail as to what this terminology really means. On the other hand, Sustainable Fashion Law involves a more detailed examination of how specific legal disciplines intersect with sustainability goals within the fashion industry. The focus is now on implementing known and new legal frameworks to assist sustainability throughout the fashion supply chain.

The fashion industry, while a pillar of global culture and commerce, has long been associated with significant environmental degradation. From raw materials extraction to the garment disposal, each stage in the fashion supply chain leaves a considerable ecological footprint. The rise of synthetic fibres and chemical dyes in the 20th century further intensified harm to ecosystems. The 2013 Rana Plaza factory collapse in Bangladesh, which claimed over 1,100 lives, marked a turning point in the global conversation on fashion industry ethics. It exposed exploitative labour conditions and highlighted the urgent need for stronger regulatory oversight and greater environmental and social accountability from fashion brands.

India’s legal framework for sustainable fashion

The fashion industry is a significant contributor to global environmental degradation, responsible for an estimated 2–8% of global carbon emissions. If current trends continue unchecked, the industry’s share of the global carbon budget could rise dramatically to 26% by 2050. India’s environmental regulatory framework imposes a multi-tiered compliance structure on the textile industry, targeting its high environmental footprint through specific statutes and sectoral rules.

At the core, the Environment (Protection) Act, 1986 (EPA) grants the central government sweeping powers to regulate or shut down industries that cause environmental harm. The Water Act, 1974 and Air Act, 1981 further reinforce this by setting strict limits on water and air pollution, particularly relevant for dyeing and processing units, which are major contributors to industrial effluents and air pollutants. Their weak enforcement is a big challenge which makes it difficult to tackle the problem of environmental degradation.

There are various other rules which deal with different things, for eg, the Ozone Depleting Substances Rules, 2000 aim to phase out ozone-harming chemicals often used in textile processing. The Hazardous Waste Rules, 2016 govern the management of toxic sludge from industrial processes like dyeing and chemical treatments in the textile industry and volatile organic compounds (VOCs) generated by synthetic fabric treatments, ensuring safe handling and disposal. The Plastic Waste Management Rules and the EPR framework place responsibility on producers for post-consumer plastic waste, indirectly impacting textile packaging and synthetic blends. Though the EPR framework is something which we need to work and take inspiration from Global Laws. The Solid Waste Management Rules, 2016 impose duties on waste generators and pollution boards, mandating segregation, recycling, and scientific disposal of textile waste.

Additionally, Zero Liquid Discharge (ZLD) norms and the CPCB’s Charter for the Textile Industry operationalise stricter water use and wastewater treatment guidelines, pushing manufacturers towards water reuse and compliance with discharge standards.

In the case of Vardhman Kaushik v. Union of India, the National Green Tribunal (NGT) deals with air pollution and the Tribunal’s authority to regulate vehicular emissions. A parallel can be drawn from this case and can be implemented in Fashion Industry. The main focus in the case was on Lifecycle of the vehicle, same be done with textile industry, sustainable fashion’s removal of toxic dyes or non-biodegradable fibres from supply chains early in the product lifecycle.

In the case of Sushant Tripathi v. State of Gujarat, concerns were raised about severe air pollution caused by textile processing activities of Sai Jyoti Fashion Pvt. Ltd. in Surat, which lacked proper pollution control equipment. The case highlighted the need for strict regulatory enforcement, reinforcing that only environmentally compliant and responsible textile operations should be permitted to function.

Global Legal Developments guiding sustainable fashion

The fashion industry has long operated with minimal regulation on sustainability, and existing rules are weakly enforced. However, this is changing as governments in key markets like Europe and the U.S. introduce stronger legislation.

In the United States, the New York Fashion Sustainability and Social Accountability Act, also known as the “Fashion Act,” would be the first U.S. requiring large fashion corporations to meet precise sustainability standards. The Act applies to companies with more than $100 million in annual revenue operating in New York. It requires them to map at least 50% of their supply chains and disclose environmental impacts like emissions, water, and chemical use. Companies must also publish due diligence on carbon emissions, wages, and labour rights. Non-compliance may lead to fines of up to 2% of annual revenue. This will ensure greater transparency through domino effect as brands will keep suppliers accountable. They will need to adopt ESG Reporting tools which will eventually help in audits and real-time data records.

Moreover, the California Responsible Textile Recovery Act (2024) focuses on reducing textile and apparel waste through an EPR program. This law requires fashion manufacturers and retailers to take responsibility for the end-of-life management of the products they sell. This will help in a way where producers will now be incentivised to design with end-of-life recovery in mind, i.e., less plastic and fewer mixed materials. The resultant will be waste reduction, recycling and reuse.

In Chelsea Commodore v H&M, H&M’s ‘Conscious Choice’ collection was marketed as sustainable, claiming garments were made with 50% recycled materials. According to the lawsuit, this was deceptive because recycled polyester still adds to microplastic pollution and landfill waste. H&M agreed to remove vague sustainability labels and pay penalties in 2023. This case has made it essential for brands to use sustainability tags only when they actually satisfy the required standards, and not mislead people by using false or inaccurate labels.

In the European Union, the Corporate Sustainability Reporting Directive (CSRD) represents a sweeping expansion of sustainability reporting obligations. It applies to all large companies and publicly listed small and medium-sized enterprises, with a focus on those employing more than 1,000 people. The regulation mandates thorough public reporting on the risks and effects of sustainability, including social and environmental issues. The CSRD’s goal in imposing comprehensive disclosure standards is to guarantee that corporations with substantial influence over supply chains are honest about their contributions to or mitigation of environmental and human rights concerns.

France has also taken a leading role with the Anti-Waste and Circular Economy Law (AGEC), adopted in 2020. This ambitious legislation introduces mandatory environmental labelling for textile products, beginning in 2024. The law applies to fashion producers, importers, and distributors with over €50 million in annual turnover and 25,000+ items on the French market. To increase transparency, labels must include information about sustainability, durability, recyclability, and manufacturing origin. It’s being phased in, starting with larger companies and gradually including SMEs. One of the great features of the law is promoting reuse and recycle through EPR Schemes. The schemes currently help to finance the collection, sorting, and recycling of products and materials. It will go one step further and create a solidarity reuse fund to financially support organisations and structures (such as waste sorting, recovery, and recycling centres) that support reuse models. Another great feature is banning of unsold goods, when these clothes are destroyed, energy and resources are also wasted which produces 20 times more GHG emissions than reuse.

Gaps and Challenges in India’s Legal Framework

India can take inspiration from these laws and implement due diligence into the Companies Act and EPA. It can also mandate phased mapping of supply chains, starting with 20%. As mentioned above, EPR frameworks are already present but textile waste remains unregulated. India can also, like France, adopt a phased eco-labelling scheme, starting with major textile exporters, who already comply with ESG norms. India can introduce standalone legislation for ESG-Supply chain. Right now, India has scattered laws on fashion and sustainability. There’s a clear need for one single law that covers all the key issues in a proper and unified way. Keeping in mind that India’s textile sector is dominated by MSMEs, ESG regulation must me gradual and capacity building in nature. Penalties can be imposed tier wise, ranging from financial to public backlisting. For instance, companies like Geetanjali Textiles, who import recyclable garments which are processed for reuse, making recycled yarn. Similarly, Khaloom produces recycled yarn while maintaining the quality. They show the potential of sustainable models if supported for scalability. Additionally, given India’s economic situation, tax incentives for brands using over 50% recycled materials might help boost market-based sustainability. Government initiatives like Make in India could be used to provide targeted subsidies. Fashion regulation through EPR, ZLD, and ESG norms serves as a mechanism to localise and implement the Sustainable Development Goals, particularly SDG 12 and SDG 13, by promoting responsible consumption and production and contributing to climate action.  

WAY FORWARD

Corporate Social Responsibility (CSR) and sustainability initiatives can complement legal mechanisms by steering both companies and consumers away from environmentally harmful ways in which fashion industry functions. Another major barrier is the fragmentation of regulations across states, which undermines consistent progress. To remedy this, a standalone legislation is required which talks about framework to tackle all areas. Tamil Nadu’s successful implementation of ZLD mandates offer a model that could be scaled up to a central level. Monitoring Framework can be used which has been greatly discussed in this research paper. It is a strategic instrument to enforce accountability, track progress, and guide decision-making. India has strong environmental law, but weak enforcement, monitoring framework can be used to ensure real-time compliance with pollution standards. Through this mechanism, Industries can be held accountable and will be required to publicly report environmental and labour metrics.