India Struggles with Court Directives

India Struggles with Court Directives
High Court in Mumbai gave directive that 4 thousand trees can be cut as Aarey is not forest for Metro Shed.
The Recent directive from Supreme Court wherein Government's effort to link Aadhar with bank account , telephone etc has been sqaushed by court. Now, banks who were insisting to link Aadhar with savings account and were threatening to make account dormant can not do so.
Similarly, companies providing telephone service can not insist for linking of Aaadhar. The issue had gone up to such an extent that even for School Admission aadhar was being demanded.

The incidence has proved that Court is above Government.

The Indian constituition drafted by Babasaheb Ambedkar has given us fundamental right of Privacy. No one including the Government can take that away.

Another incidence is that of Court putting restriction on noise levels during Ganeshotsav. Mumbai has witnessed lower decible level in 2018 as compared to 2013. Mumbai Police this time measured decible levels themselves and have sent notice to 220 mandals. The directive of court is being followed in toto.
However it is very difficult for those who are participating in immersion procession. For years together they have been using instruments like Benjo , Nasik Dhol etc. Now they have been advised to not to do so. Also there is restriction on use of DJ and Loud Speaker. The whole celebration has become very lame due to this. The loud speaker is being used by one and all and it is observed that not everyone's decible level is checked.

Sabrimala temple in Kerala was not permitting women devotees. Now SC has given directive that woman devotees shall be permitted.
Similar verdict was given by court in case of Shani temple at ShaniShinganapur.

There are many instances of court giving directive on many issues involving life of citizens. Some of them are listed below.
1) Use Toll funds to repair pot holes on roads
2) Permitting marriages between same sex
3) Removal of bars within 500 m of National Highways.
4) Sharing of river water within 2 or 3 states
5) Stoppage of Toll Charges for Projects wherein cost has been recovered long back.
6) Stopping Aayaram-Gayaram i.e. People's representatives changing parties.
7) Banning road obstructions for religious activities.

The question here is whether for anything and everything do we need to go to Court ? Also whether everything that is decided by court may be right for some and wrong for others. Each issue has 2 sides.

Indian constituition allows election of their representatives and they are law makers themselves. If they can not decide anything and for everything if matter is referred to court then what contribution can they make ?

Time factor in deciding court cases is another issue. The recent verdict about same sex marriages was given after 28 years of filing the case.

The implementation of non workable court directive is also another issue. There is directive to have "Silence Zone" near schools , colleges , hospitals etc. However in reality it is not possible to implement. There is heavy traffic on every road. Noise of vehicles and honking by drivers. However by constant campaign things are changing slowly. Those who are participating in religious procession or those who are driving on road are realizing that they can be booked for noise pollution.
It is surprising that court decides that land with 4thousand trees is not forest.We do not know in which text book is it written.It is too much to leave everything to B.A.L.L.B.
The water shortage is world phenomenon. Rivers which are flowing know no state boundaries. Dams are constructed within some states and water diverted for irrigation and Industrial purpose. Now villages in other states are depedent on amount of water released by dam. Here again Court decides as to how much cusecs of water is to be released.
The Chief Minister of State has pressure from local farmers to not to release water from dam. However he can not do contempt of court and is forced to release.

The issues related to place of worship should be left to opinion of major devotees and Poll can be conducted.

While court decisions and directives are welcome , they can address issues only for which case has been filed. The more workable solution is meaningful dialogue within concerned parties and reaching to mutually acceptable solution.

Datt Udas
datt.udas63@gmail.com