How by One Single Judgement Supreme Court of India can WAKE UP all of us- A practical Suggestion

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I am sure that Supreme Court will not agree with suggestion I am about to make. It will find ‘Reasonable Faults’ in my suggestion..

But here is my suggestion.

1) Law says that in areas where there are no laws, Supreme Court can pass temporary laws, which will remain in force till law is passed by legislative body.

2) Right to clean Environment is fundamental right under Art. 21. Therefore, to enforce this right, Supreme Court can pass any order.

3) In some PIL, Supreme Court should lay down law that

“To spit in public street or place is offense punishable with fine of Rs. 200/- and if person is not willing to pay fine, he can be detained in police custody for 30 minutes”

4) It can further authorize, police authorities to appoint commission agents to enforce this law.

Every Commission Agent will be entitled to 30% Commission from fine collected. Rest of fine will go to State treasury.

5) Now visualize the Effect of Such judgement.

I think all of us will avoid spitting in public street. In fact, if we have to spit, we will look here and there to see that no one is watching us.

Haresh Raichura
3/3/2013

Suppose you are a lawyer and you are asked to draft a PIL to regulate butcher places? How can you go about it?

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A friend asked me above question. Hence I right this post.

1) First search google.

2) Ask yourself, is there any law, rules, regulations, resolutions etc for regulating conditions of butcher houses?

3) Then ask yourself, who has power to make regulations? Central Government or State Government?

Here you may see some light.

In Constitution, In Art. 243W, you may find that it is provided that State can give powers to municipality to make regulations about matters in 12th Schedule.

In 12th Schedule, the subject of butcher house regulation is mentioned.

4) Fine… Now try to find out what rules/ circulars or resolutions are already made by Municipality or State Govt. Ask some friend in service, to guide you.

5) If you cannot find anything, well, use RTI.

Ask Chief officer, of Municipality if they have any rules, etc regarding butcher places.

Send similar inquiries to Directorate of All Municipalities in States, on this issue.

Send Similar inquiry to State Govt if they have any rules.

Also ask State whether it has delegated any power to Municipality under Art.243 W , Schedule 12, regarding this subject.

6) After two months, give all the letters, replies etc to lawyer. He may advice you whether HC or SC should be approached to enforce right under Art. 14,19(g),21 etc…

Haresh Raichura
1/3/2013