Strengthening Enforcement of Judicial Orders

Context: Despite clear judicial rulings, enforcement remains lax.

More in News

• NGT’s order on banning air horns in Jaipur between 10 p.m. and 6 a.m., has remained unimplemented even after two years, causing continued public distress.

Reasons Behind Ineffective Judicial Orders

• Lack of Implementation Planning: Judicial bodies often pass orders without ensuring they are realistic or practically enforceable.
• Poor Coordination Among Agencies: Agencies like police, pollution control boards, and transport departments fail to work in sync to carry out directives.
• Perception of “Minor” Violations: Enforcement agencies often deprioritize orders they see as low-impact, like noise pollution controls.
• Circumvention of Orders: As seen in the liquor ban case (State of Tamil Nadu v. K. Balu, 2017), state authorities found loopholes, like reclassifying roads, undermining the original intent.
• Lack of Accountability: There’s no direct accountability mechanism to ensure implementation officers follow through.

What Needs to Be Done (Way Forward)

• Judicial Foresight in Framing Orders: Courts must anticipate practical hurdles during decision-making to ensure enforceability.
• Designate Accountability Officers: Appoint compliance officers in every department to oversee and report implementation.
• Tech-enabled Monitoring: Use digital tools for real-time tracking of orders and automatic reporting systems for updates.
• Public Awareness Campaigns: Engage citizens through awareness drives and encourage them to report violations.
  • Eg., In Kathmandu in Nepal, strict enforcement of noise control measures, combined with public awareness campaigns, has led to remarkable change.
• Inter-agency Collaboration: Mandate joint task forces between police, transport, and local bodies for smoother implementation.

Sharing is caring!