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Tuesday, December 13

Editorial Round-Up (13.12.16)



Cyclone Vardah, Uttarakhand High Court Judgement on Liquor Ban


Cyclone Vardah

Vardah hit Chennai and neighboring districts in December, 2016.

Damages & Lessons:

Trees uprooted: (Solution): Planting trees with strong root systems and pruning the canopy ahead of cyclone season could reduce uprooting.

Power and Communication Cables thrown out of service: (Solution): A citywide blackout also underscores the importance of rooftop solar and battery storage systems as supplementary power sources for households and corporates.

Vardah also demonstrated that in the time of social media and the Internet, speedy official and community messages can influence the outcome of a catastrophe. While economic damage was inevitable, cautionary advice put out on social platforms urging people to stay safe helped reduce the number of casualties.

Economic losses occurred, and they may increase with coast centric development: (Solution): Among the securities available to individuals in many countries is insurance against property losses. Viable policies should be made available in India too, as this would bring scrutiny on administrative measures and potentially improve outcomes.

Learning from Disasters: (Solution): It is vital, that the learnings from each event are shared nationally, and the capacity of officials and communities to manage disasters built continuously. Such an approach helps coastal regions in the United States prepare for and deal with storms better. It is of course possible to learn even more by going back to citizens and harnessing data on their experience using online tools.

Statistics:

Tropical storms are an annual affair, with the more vulnerable eastern coast taking a pummelling from 92 severe cyclones out of a total of 262 between 1891 and 1990, and several more in the years since. Such weather events are a part of the climate system.


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Uttarakhand High Court Judgement on Liquor Ban

Present Issue: In its recent order banning liquor sale and consumption in three districts in the State, the Uttarakhand High Court has drifted outside the confines of law and entered the domain of morals and desired behaviour. The court has crossed its legal remit by extending a government policy of prohibiting liquor outlets in the vicinity of places of worship, to cover Rudraprayag, Chamoli and Uttarkashi from April 2017.

Basis of above judgement:

The court has cited Article 47 of the Constitution, which says it is the duty of the state to raise the level of nutrition and standard of living of the people and improve public health, and to prohibit the consumption of intoxicating drinks and drugs.
The High Court cites several judgments that hold that engaging in the liquor business is not a Fundamental Right.

Comment on appropriateness of above judgement:


Earlier this year the Supreme Court refused to entertain a petition seeking a nation-wide ban on alcohol, observing that this was a matter of policy into which it cannot venture. It is one thing to cite constitutional goals to justify state action against liquor or drugs; it is quite another to cite them as a justification for judicial directions. Earlier this year the Supreme Court cautioned judges against assuming powers based on individual perceptions or notions. Howsoever noble an idea may be, courts should be wary of making rules on their own, as it would amount to transgressing into the policy domain.


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