HC directive disregarded

Polythene has been found injurious to health. Because it is indestructible, therefore, the Government had to take a firm decision of putting it out of daily use. The High Court imposed ban on the production and use of polythene/polythene bags. With a view to make sure that the stuff was fully put out of use, the High Court directed all the Deputy Commissioners of the State to individually ensure they were taking adequate steps for enforcing the ban on polythene. They were asked to submit status reports in respect of their districts which would reflect the measures undertaken on administrative and judicial level to enforce the verdict of the High Court.
We learn that only eight Deputy Commissioners out of a total of 22 in the State have submitted the status report in time to the High Court in compliance of its instructions. But except for one (Reasi) the status reports furnished by other seven DCs are very vague about the precise action they have taken to popularize the ban on polythene and its hand bags. Obviously, the court feels offended that Deputy Commissioners have not taken the instructions seriously and are playing with the health of the people. The strange mystery is that the Election Commissioner, too, has issued instructions that polling stations and adjoining space should be kept neat and contagion free as thousands of people would throng them. Electioneering crowds put up polythene flags, banners and signboards and then leave these where they are polluting and dirtying the place. Deputy Commissioners are fully aware that polythene bags do not get destroyed and if these are burnt they emit very dangerous smoke which is very injurious to health. Quadrupeds like cows, bulls, goats eat up and devour polythene bags thinking it is something eatable. The result is that the animals develop blocked in intestines and this leads to their end. We cannot afford to let our cattle wealth be wasted like that.
The court has issued a show cause notice to thirteen Deputy Commissioners of the State under Contempt of Court Act why action should not be taken against them for not implementing its order. We are surprised at the insensitivity of the defaulting Deputy Commissioners. The fact of the matter is that the Deputy Commissioners should never have waited for the court order and taken administrative action on their own to prevent the damaging consequences of the use of polythene and polythene bags. It has to be recalled that when the ban order on polythene bags was imposed for the first time, the manufacturers of this commodity made a representation to the Government demanding withdrawal of the ban because their means of livelihood were adversely affected. But the Government did not budge and the ban continued. However clandestine production and usage of polythene bags continued even after the imposition of the ban and in all probability this was in the knowledge of the Deputy Commissioners. Despite that nothing was done to eliminate the menace. The court has rightly put all the blame squarely on Deputy Commissioners because it was their duty to enforce the ban order. What the court has asked for is not just the assurance that the ban on polythene/polythene bags will be enforced fully but also what alternate arrangements are possible to meet the requirements of people and what mechanism has been devised to ensure that clandestine production and distribution and use of polythene bags will not take place. Each Deputy Commissioner has to provide a report in respect of his/her district.
We are disposed to think that High Court’s admonishment is a strong message that it wants the Deputy Commissioners to be effectively responsive to the duties assigned to them. The language of the order is powerful and the date April 20 has been set forth by the court by which the Deputy Commissioners have to give an undertaking that their respective districts have been made totally free of polythene/polythene bags. This is an order and has to be implemented.

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