Lawfully yours: By Retd Justice K Chandru

Your legal questions answered by Justice K Chandru, former Judge of the Madras High Court Do you have a question? Email us at citizen.dtnext@dt.co.in

Update: 2022-09-26 00:04 GMT

Banning fireworks easier said than done; grin and bear it

Q: Yet another Deepavali is approaching and the scare of fireworks curtailing the individual rights of others — be it those not celebrating the festival or those allergic to smoke and sound — is looming large. Apart from the pollution aspect is the threat of firecracker accidents at the time of manufacturing. The infants, the elderly and the sick as well as the pet animals are put to immense suffering when pyrotechnics become part of celebrations. Is there any way that the laws related to fireworks can be enforced before yet another tragedy wakes us up from Kumbhakarna-like slumber?

— Govind Ram, Pollachi, Coimbatore

Some three decades ago, when there was loud bursting of firecrackers and very high-decibel noise from box-type loudspeakers from the neighbouring habitat, I went and asked the residents there. The answer I got was this: “Whether it is birth or death, we mark it with a big sound.” From then onwards, I learned to live with the ‘explosions’, plugging my ears. It is not as if there are no laws here. Even when Supreme Court, a few years ago, attempted to impose a ban on crackers, they were burst in front of the court itself. The AAP government in Delhi has banned it this year. Tamil Nadu is the largest producer of firecrackers, so our government will not do such. The courts are helpless. Grin and bear it.

Int’l refugee laws will not apply to Ukraine-returned medical students

Q: Nearly a thousand Indian students have returned to the country since the Russia-Ukraine war broke out in February 2022. Most were compelled to drop their respective medical courses to save their lives in war-torn Kyiv. While Ukrainian varsities have started online classes, the students are concerned about whether the National Medical Commission will recognise the degree of Bachelor of Medicine obtained after online studies or not. Can’t the court/govt declare these students war victims so that they could avail benefits under international law?

— Vidya R, Mudichur, Chennai

You are an Indian citizen and governed by Indian laws. The National Medical Commission, armed with full powers as the repository of medical education, has to take decisions on such matters. The courts will not interfere in such matters on the grounds that they cannot interfere with academic matters. The international refugee laws will not apply to your case as you are a full-fledged Indian and have come back safely. The recognition of a particular medical degree from a foreign country (whether online or offline) has to be determined solely by the NMC.

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