Dinesh Kamath's Editorial 'Of what use are court’s judgments if they are not implemented?' that was published in Newsband

Of what use are court’s judgments if they are not implemented?

Is the Supreme Court’s order that liquor sales be prohibited within 500 metres from National and State highways being implemented strictly? The order has come down like a sledgehammer on the revenues of State governments, on the business of hotels and bars, and the tourism potential of many parts of the country.

Some luxury hotels situated on highways are creating alternative entrances to claim that their bars are located beyond 500 metres. Those involved in liquor businesses are fearing loss of income, jobs and business. Don’t forget that US had failed in the thirties to apply such kind of restrictions.

Patrolling and check post for drunk driving is no solutions, as they become places for bribery. The whole problem lies with the Governments considering the liquor business as major revenue generating source. And most of the politicians own the liquor outlets on highways. Considering the aspect of involvement of politicians, it is for sure that the Governments will not enforce strict laws in controlling the liquor flow. The SC order on banning them is the right decision if one considers the "social costs", even if it is 10% useful. If we have to decide between life of an individual and the income of an individual, it is obvious that lives of people are more important that the loss of income, jobs and business. One should welcome the Supreme Court for putting up its hands and doing the right thing. Loss of revenue is never an argument against risk to lives. Creating jobs should not be at the cost of lives of other persons.

But some say that the court has passed the order without considering whether its ban is feasible or viable. The liquor barons can find any number of alternatives to easily circumvent the order. As our law enforcement agency is not able to curb drunken driving, so in that case this SC's order is both prudent and helpful for our law enforcement official to tackle the issue to some extent. As far as other associated problems which have arisen needs concern for executive which must be solved by giving the persons alternative jobs in the same premise. The distance must be measured in straight line, otherwise it will water-down the judgement. In future this order will prove land mark if followed in true letter and spirit by enforcement agencies. It is an aid for law and enforcement agency against tackling the issue of drunken driving among many others.

There are many cases that the order of Supreme Court is not followed by the government like Ganga rejuvenation, NGT orders etc. If there is no implementation of what they suggested then why are they giving judgements? A lesson drawn must be that we need a competent, independent, transparent and accountable police in our states.