Failure in implementation
Residents of central Jaipur are disturbed by air horn usage from buses and trucks, especially during late hours.
The National Green Tribunal (NGT) issued an order to limit air horn usage on major roads between 10 p.m. and 6 a.m.
Despite this, enforcement agencies have failed to implement the order.
Challenges in Enforcement
The lack of practical enforcement strategies and weak implementation causes delays in resolving issues.
Judicial decisions often fail due to insufficient action plans or inability to foresee challenges.
Enforcement bodies may dismiss violations as “minor,” contributing to the gap between judicial intent and on-ground reality.
Judicial Oversight
Courts should evaluate the feasibility of their orders and ensure they are enforceable before passing them.
Examples like the Tamil Nadu liquor ban case show how lack of foresight leads to circumvention of orders.
Successful Enforcement Examples
In cases like Common Cause v. Union of India (2018) (passive euthanasia), clear guidelines and monitoring helped successful implementation.
In Taj Trapezium Zone directives, inter-agency collaboration ensured effective air quality monitoring and pollution control.
Solutions for Better Enforcement
Accountability Officers: Appoint officers in every government department to ensure orders are executed properly, with consequences for non-compliance.
Technology-Driven Monitoring: Utilize technology to track departments’ compliance with judicial directives and require regular reports back to courts.
Inter-Agency Collaboration: Strengthen coordination between agencies to ensure that judicial decisions translate into real-world actions.
Transparency and Public Engagement: Encourage transparency in enforcement, which can help improve compliance by involving the public and making policies clear and accessible.
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