PILs on SC’s last day of the year: national liquor policy and safety from telecom equipment

On its last working day of the year 2016, Supreme Court of India would, among other matters, hear two interesting fresh matters:

1. PIL for ‘National Liquor Policy’.

A petition has been filed by advocate Ashwini Kumar Upadhyay seeking framing of a national liqour policy to curtail liquor and other intoxicating drinks. Upadhyay has claimed the said relief under the aegis of Articles 21, 39 and 47 of the Constitution of India. Petition would be heard by a bench consisting of Chief Justice of India TS Thakur and Justice DY Chandrachud.

Supreme Court had earlier on September 30, 2016, dismissed a PIL filed by Updhyay which sought ban on liquor through out India. Petitioner had then claimed that liquor consumption is not in consonance with the Directive Principles of State Policy (DPSP).

Article 39 of the Constitution, one of the DPSPs, provides that the State shall, in particular, direct its policy towards securing that the health and strength of workers, men and women, and the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength.

2. Control over telecom equipment causing health adversity

A PIL petition has been filed by one Suresh Kalkunte against Cellular Operators Association of India and its members inter alia seeking the following prayer:

“Kindly issue a writ of Mandamus or another appropriate writ, order or direction to Respondents 1, 2, 3, 4 and 5 require their member companies maintain strict command-and-control over components that cause health adversity at about 1 meter (factoring distance between neighbors in an apartment) like a round of ammunition used in conventional firearm to ensure such components do not find their way into general civilian population, etc.”

Petition would be heard by a bench consisting of Chief Justice of India TS Thakur and Justice DY Chandrachud.