Lawfully yours: By Retired Justice K Chandru | Litigations on illegal dumping of biomedical waste already before courts

Litigations on illegal dumping of biomedical waste already before courts

Q: There has been a concerning rise in instances of medical, biomedical, and human waste being dumped by Kerala into Tamil Nadu's border districts. While the Kerala government bears significant responsibility, the larger issue lies with Tamil Nadu officials stationed at the TN-Kerala check posts, who have allowed this waste to enter the state. This amounts to a form of genocide. Despite the gravity of the situation, the Tamil Nadu government has not taken any action against the check post officials involved. As a concerned individual, how can I bring this matter to the attention of the Madras High Court, urging them to take up the issue suo motu and direct the Tamil Nadu government to dismiss these officials from service permanently? Krishnan PS, Chennai

A: Please don't think of filing any PIL (public interest litigation) in court. It will turn into a bitter pill for you. Besides, there is a risk of facing huge expenses in the form of lawyers’ fees. Lawyers don't argue PIL petitions for free. Sometimes the court may impose heavy costs on you for bringing petitions for publicity. Apart from this, the matter is taken up by the National Green Tribunal as of now and it has given several directions to both governments.

The interesting part is even local hospitals dump biomedical wastes along with municipal wastes with no disposal facility. Solid waste management has become a challenge for many local bodies and many have outsourced such works to private bodies at enormous public costs. There are several litigations on the management of solid waste disposal management in courts.

Govts came up with orders to defeat court orders against hoardings

Q: Illegal hoardings are continuing to occupy pavements, risking the lives of people despite explicit orders of the Madras High Court. The issue is vexing as most violators are political parties. They are doing so with such impunity that it appears they fear none. Though it is tough to eradicate this culture of erecting giant banners and cutouts, a practice originating from politics and cinema now becoming prevalent among the general public too, how can we ensure it doesn’t play havoc with the smooth movement of traffic or put the lives of the public under risk? N Ganesan, Ambattur, Chennai

A: In the last 20 years, courts have seen several litigations on the menace of hoardings (or billboards as they call it in the West).

A division bench that I was part of ordered the removal of such hoardings in 2006. It struck down the municipal regulations and ordered the removal of them from the main thoroughfares. That's why you will see Anna Salai and the road adjacent to the airport runway free of hoardings. However successive governments brought orders to defeat the judgment of the Madras High Court upheld by the Supreme Court. Such is the power of the lobbies led by ad agencies.

We are yet to find solutions. The civic bodies starved of funds do succumb to such agencies. Besides, political parties are also responsible for visiting the atmosphere with huge cutouts for their leaders. You will be surprised by their cadres erecting banners and hoardings for their family functions including functions like ear piercing and attaining puberty etc. We must develop a certain civic sense.