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Criticism Of The Judgement



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tarix03.01.2022
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Criticism Of The Judgement

  • Implementation Issue – The implementation of the order is really challenging. There are many past incidents where the administration failed to implement the order of the apex court.

  • In 2014, SC slammed Centre and states for not enforcing ban on manufacture and use of plastic bags despite clear order 3 years ago.

  • SC upheld an earlier Bombay HC ruling curbing height of handi and age of participants. Yet several organisations in Mumbai celebrate Janmashtami flouting norms.

  • SC disallowed trucks not destined for Delhi to go through city. But this order is often being flouted.

  • The Supreme Court has imposed a ban on sale of crackers in Delhi-NCR, but there is no ban on bursting of crackers. The possibility of people buying crackers from other States and bursting them in Delhi-NCR cannot be ruled out and in such cases Delhi traders will be in a disadvantageous position and will lose business to their counterparts in other States.

  • Many believe that the ban will have no impact on the environment and the environment will continue to be unsafe as the ban is on sale of crackers and not on its burning.

  • The decision is likely to hit firecracker manufacturers as well. A combined effect of demonetisation, GST and the Supreme Court ban on sale of firecrackers in Delhi has brought down production by Tamil Nadu’s Sivakasi-based manufacturers from ₹3,000 crore last year to ₹2,000 crore this year, according to industry estimates.

  • Putting a sudden ban on the sale of crackers in Delhi-NCR — which is a centuries' old legitimate business protected under Constitution of India under Right to Work-is unfair.

  • Ban is against India's cultural ethos. Bursting of crackers in Diwali is based on India's cultural ethos which symbolizes happiness of people on return of Lord Ram at Ayodhya and welcoming Goddess Lakshmi. This ban questions whether we should follow our culture or not.


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