Courts Step In Where Politicians Fear To Tread

Prof N.K. Singh

Former Chairman International Airports Authority of India

Most discussed and controversial topic of ban on fire works in Diwalihas now left in the background. It is essential to ponder on whatshould court do and not do concerning religious rites or human rights.There is need to debate and set limits along with consensus in thecountry. For past few years, there is a constant effort by the courtsto modify or change the religious practices. A lot of it motivated byreforming efforts and after PILs became frequent the environmentalissues are getting attention of high courts. Recently, the court has taken a stern view of deteriorating climate of Delhi and rise of pollution with virtually suffocating conditions on some days. Earlier the court tried to control the situation by curbing the vehicular traffic which could have brought significant improvement in Delhi’s breathing air. Despite court’s solid support and bold decisions, the experiment did not succeed. It did not cause any significant change in the dust anddin of Delhi.

* At present, almost three crore cases are pending with judiciary and people are under terrible pressure as justice is delayed and in most cases denied. Nothing drastic is being done to reduce the burden of common man but courts are now embarking on the mission to change religious practices that they consider either anti-human rights or environmental issues.

At present, almost three crore cases are pending with judiciary and people are under terrible pressure as justice is delayed and in most cases denied. Nothing drastic is being done to reduce the burden of common man but courts are now embarking on the mission to change religious practices that they consider either anti-human rights or environmental issues. The court is spending a lot of time on the question of human rights of the Rohngiyas when Kashmiri pundits failed to get anything from the court. This is an old story that Pundits after being thrown out in their own country from Kashmir are now clamouring about their rights and rehabilitation but nothing substantial is being done.

In the face of such violation, now the court is getting engaged in looking to refugees from another country. Rohngiyas are thrown out by Myanmar government for being illegal citizens and thousands of them haveentered India. Now courts are worried about them and are engaged inthe process to examine compliance of their human rights. Those who were looking to big ding-dong in Diwali were disappointedthat court had banned the fireworks or crackers that produce pollution. On a petition filed by the public representatives, the court felt that there is no need of crackers since it adds misery to even breathing with smoke and noise.

What the court felt and a large number of people support is control of fireworks that are used by mostly Hindus on this occasion. It has been forcefully argued by many that courts find it easy to stop Hindus from their religious and traditional functions as they are tolerant but do not dare to touch other religions especially Muslims, who no doubt have many objectionablepractices. Even for triple talaq case, majority judgment finally declared it void but still two judges including the former Chief Justice recorded their reservations and referred to practice which has ancient origin.

If traditions are not to be tinkered, then there is no question of reform. Hindus have gone thought many including sati and marriage custom modification by courts. There is need for open and liberal debate on all religions practices that violate environment or human rights. The court went so far to ban Jallikattu, a practice which was being followed from old times.

There is no doubt as I have seen over years that the pollution ischoking Delhi and it needs cure. But it needs deeper examination andpolicy. One day Diwali contributes only 0.2% in a year whereasvehicles contribute 36%, industrial stack 52% and stubble etc burning38%. Supreme Court can set up a group of experts to find ways andmeans of controlling environment pollution.

No doubt the problem is real but the solution can’t be adhoc or knee jerk reaction or found in the court room when matters are complex. It is essential to make deeper studies and keep religious or social issues balanced without overaction for one religion or the other. As it is a secular country declared in our constitution, it must be true to its spirit to give equal treatment to citizens in matters relating of religion. It is also necessary to define as to which type of areas court should interfere.

Bus Stand

First Passenger: Why in Himachal Congress, there is one leader to leadanother to chair as chairman?

Second Passenger: The party believes in keeping eternal confusion as in centre.

Keep watching our YouTube Channel ‘Divya Himachal TV’. Also,  Download our Android App