(Madan B. Lokur and S. Abdul Nazeer, JJ.)
In Re: Outrage as Parents End Life After Childs Dengue
SMW (C) No(s). 1/2015, decided on August 31, 2018
The Order of the court was delivered by
Order
1. It is stated that the States of Bihar, Jammu and Kashmir, Tamil Nadu, Kerala and Arunachal Pradesh have deposited the costs.
Andhra Pradesh
2. The affidavit in terms of the order dated 10th July, 2018 has not been filed.
3. The Union of India is not aware whether the State Policy has been framed by the State of Andhra Pradesh since the affidavit has not been filed.
4. In any event, no one is present on behalf of the State of Andhra Pradesh to assist us. However, an appearance slip has been given on behalf of the advocate who is not present.
5. Costs of Rs. 5,00,000/- (Rupees five lakhs only) is imposed on the State of Andhra Pradesh to be deposited with the Supreme Court Legal Services Committee within two weeks for utilization of juvenile justice issues.
U.T. of Chandigarh
6. The Union Territory of Chandigarh has not framed its State Policy.
7. Even there is no appearance on behalf of the Union Territory of Chandigarh. However, an appearance slip has been given on behalf of the advocate who is not present.
8. Costs of Rs. 3,00,000/- (Rupees three lakhs only) is imposed on the Union Territory of Chandigarh to be deposited with the Supreme Court Legal Services Committee within two weeks for utilization of juvenile justice issues.
Kerala
9. As prayed for, two weeks’ time is granted to the State of Kerala for filing the affidavit.
Madhya Pradesh, Maharashtra, Odisha and Uttarakhand
10. Costs of Rs. 3,00,000/- (Rupees three lakhs only) each is imposed on the States of Madhya Pradesh, Maharashtra and Uttarakhand for not framing the State Policy/not complying with the orders of this Court. The amount be deposited with the Supreme Court Legal Services Committee within two weeks for utilization of juvenile justice issues.
11. It is unfortunate that some States and Union Territories have not yet framed any Policy under the Solid Waste Management Rules, 2016.
12. In case the States have the interest of the people in mind and cleanliness and sanitation, they should frame a Policy in terms of the Solid Waste Management Rules so that the States remain clean.
13. The attitude of the States/Union Territories in not yet framing a Policy even after two years is pathetic, to say the least.
14. Further constructions in the States/Union Territories are stayed until the Policy is framed.
15. List the matter on 9th October, 2018.
INTERLOCUTORY APPLICATION NO 109465/2018 (Application for Modification of Court’s order dated 10.7.2018 filed by Mr. M. Shoeb Alam, Advocate on behalf of State of Jammu & Kashmir)
16. List the application on 9th October, 2018.
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