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Nowadays it becomes a growing trend for bikers to transmute and modify their bike silencers and engendering vexation and noise pollution for others. The modified exhaust can engender noise ranging from 120 to 130 decibels and it can facilely cause noise pollution and is a growing threat and announce to the general public.

The verbalized equipment are manufactured, sold and purchased unregulated and unchecked in the market and accommodates no purport but to engender nuisance and exasperation to the people. Theses modified silencers will not only increases the noise level but additionally increases the bike celerity. The haste thrills the bikers which increase the chances of contingency.

Such noise not only could harm the environment but withal can give the deleterious effects to an unborn child in mother’s womb, health risk to the people, especially minors, senior denizens and those with medical conditions, apart from contributing to noise pollution.

Normal conversation is about 60 dB, and a loud rock concert is about 120 dB. In general, sounds above 85 are harmful for people especially for elderly people and the minors. Elevated workplace or environmental noise can cause hearing impairment, hypertension, ischemic heart disease, annoyance, and sleep disturbance. Changes in the immune system and birth defects have been also attributed to noise exposure.

Noise pollution is the emission of continuous undesirable noises disrespecting legal levels which, within a specific period of time, pose a threat to human health and collective well-being.  In fact, it’s difficult today to escape sound completely.

Under the Motor Vehicles Act, 1988, any alteration to the factory model is illicit. Any transmutation that increments the weight of the conveyance by 10 percent can be done with the consent of the manufacturer and the regional convey office. Changes to exhaust pipe cannot be sanctioned as it is breach of the act. The verbalized equipment’s manufactured, sold and purchased unregulated and unchecked in the market and accommodate no purport but to engender nuisance and exasperation.

The new motorcycles have stock silencers with three filters to produce low sound. But, bikers often alter the silencer to produces loud sound. These modify silencers are growing day by day on roads, creating announce and noise pollution for the people and the traffic department and cops are seeing silently.

Under the Environment (Protection) Rules, 1986, 80 decibels is the maximum noise limit for motorcycles and scooters. But, bikers who use modified silencers on their vehicles violate the norms. A bike fitted with modified silencer produces noise that is at least 120 decibels and often above 130 decibels.

The Fancy bikers spend between Rs. 1,000 and Rs 3,000 to modify the exhaust systems of the motorcycles. Nowadays this modification is a growing business, but they don't cerebrate of others.  Abstracting the catalytic converter, a component fitted to the exhaust pipe is the most facile way to increment the noise, such type of silencer is called a free flow exhaust. It engenders more sound as well as toxic gases. The gas should be filtered by the catalytic converter to eschew directly release the toxic gas into the air. Why the state is still lagging behind in taking up action against such users who not only are breaking rules regarding noise. The government has announced to take necessary measures against culprits. These crazy bikers are not only a threat to the general public but additionally put their own lives in peril.  

I appealed the modified silencer users not only for the two-wheelers but additionally four-wheelers to reinstall the silencers which had been pristinely installed during the manufacture of the conveyances. The drivers/bike riders can additionally contribute and avail in reducing pollution but without the fortification from the public, making an unsullied and salubrious environment will be an arduous task. So always take care of others don't exasperate others.

It’s additionally the responsibility of the traffic department to come forward and avail in reducing the growing Macho trend of the fancy bikers on roads, which will avail in reducing the growing accidents among such Macho bikers. 

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The State Judiciary administers a common law system of legal jurisdiction, in which customs, precedents and legislation, all codify the law of the land. The judiciary interprets the Constitution as its final arbiter. It is its duty as mandated by the Constitution, to be its watchdog, by calling for scrutiny any act of the legislature or the executive, who otherwise, are free to enact or implement these, from overstepping bounds set for them by the Constitution. It acts like a guardian in protecting the fundamental rights of the people, as enshrined in the Constitution, from infringement by any organ of the state. It also balances the conflicting exercise of power between the centre and a state or among states, as assigned to them by the Constitution. 

Being at the receiving end, for a common man justice is like a god, where he expects solution to his problems when all other doors are closed for him. This institution symbolizes for him the safeguard of equality, freedom, rights and privileges warranted for him under the Constitution. However, unfortunately for bureaucrats and govt officers it is just a mockery. They are using it for their own interests and conveniences and hardly pay heed to court orders. Usually they don’t bother to submit objections years together, notwithstanding implementing court order is for away.  For non compliance, court used to send contempt notices as an extreme tool which nowadays also ends up in trash.  

The reason for non cooperation is vivid. The Sarkari people know it very well that justice system has been rendered as a toothless tiger more so by the laid back attitudes of these babus by non-implementation of the court judgments’ murdering justice by and large.  The victims are left with only one option to see the court orders implemented that is to bribe the clerks who are at helm of affairs. Interestingly sometimes it works.  

It would not be out of context to mention here that there are thousands of cases where court has passed final orders and are awaiting for implementation. Unfortunately, their is no such option available where a nodal agency between administration and judiciary to monitor the implementation of court directions is put in place. 

On 26-11-2018 in the open court Hon’ble Chief Justice of J&K High Court observed that approximately 4000 contempt petitions are pending before the Hon’ble High Court Srinagar thereby indicating that the Government is not complying with the directions of Hon’ble Court. 

The Hon’ble Chief Justice has observed that, in case the directions issued by the court are not complied  with, the court will be constrained to summon the Administrative Secretaries/Head of Departments for non compliance.  

Taking the cognisance in the matter, B V R Subrahmanyam Chief Secretary of J&K vide No. PS/CS/L/88/2018/1561 Dated 29-11-2018 directed all Administrative Secretaries/Head of Departments “immediately review the contempt petitions pending against their departments in High Court both at Srinagar and Jammu, and take a well informed decision in each of these cases, if need be in consultation with the department of Law Justice and Parliamentary affairs and ensure compliance with the Hon’ble Courts direction.”  

After passing several orders by Chief Justice and Chief Secretary, things hardly move the way the victim and equally the judiciary want them to be. Being a victim myself, I have personally witnessed how government officers make mockery of these court orders disdainfully. 

Technical Education Department Hakim Mohammad Ilyas ( Feedback# hakimmilyas@gmail.com )

 

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SRINAGAR: The alliance, which was put together with much careful crafting in 2015, where the two largest parties People's Democratic Party(PDP) and Bhartiya Janta Party(BJP)formed the Government, could not, in the end, carry the weight of the hugely contradictory ideological positions. The coalition formed by PDP, a pro-autonomy party formed in 1999, and the BJP, a Hindu nationalist party which has advocated a disciplinarian approach to Kashmir since the early 1950s  precisely lay in its "unnatural" quality, because it signalled engagement between very different perspectives on the Kashmir conflict.

The coalition collapsed on June 19 2018, as the BJP pulled out of its alliance with PDP,  while CM Mehbooba handed over her resignation to Governor N.N.Vohra after BJP's announcement. Soon after the alliance ended, the internal differences between the members and the party head arised where most of the senior members gave their resignation by switching in to some other rival parties creating an atmosphere of chaos, instability and political crisis in valley.

Haseeb Drabu, an economist  along with the Mufti, had crafted the Common Minimum Programme that formed the bedrock of the alliance which ended in June 2018.After the assembly was dissolved by Governor, Drabu quit the party saying that it was the "right time" Another senior PDP leader, Altaf Bukhari was expelled  from the party, reacting to the party's decision, Bukhari said that he was happy for the party's decision and the reasons given for his expulsion are debatable.

Peoples’ Conference chairman Sajad Gani Lone welcomed the joining of Imran Raza Ansari by terming it as emotional homecoming. On the hand, a major loss of face and popularity for the PDP can be good news for the National Conference of the Abdullahs as it may turn into a big challenge for the BJP in the next Assembly election in the state.

Pertinently, PDP leader Mehbooba Mufti staked claim to form a government with the support of the National Conference and Congress, citing a collective strength of 56 MLAs in the 87-member House, likewise a separate claim to form a government was made by Sajad Gani Lone of the two-member People’s Conference who claimed support of the BJP and 18 MLAs from other parties,while  in the meantime Governor Satya Pal Malik dissolved the assembly terming the joining of parties as "horse riding".

Now a days, a new face came in the picture, Shah Faisal an IAS officer who recently announced his resignation from the services to "protest against the unabated killings in Kashmir" and has decided to start his political journey as independent candidate and requested people of state to denote for this cause. Every eye is on the new Government formation as recently Shah Faesal former IAS officer hints of his own party and Sajad Lone is also in the race, the question is only who will be the next chief minister?