Amid alarming air pollution in the national capital, the Supreme Court emphasized that the right to a pollution-free environment is a fundamental right under Article 21 of the Constitution, asserting that no religion supports activities causing environmental harm, particularly in relation to firecracker use during festivals.
The remarks came during a hearing on the failure of authorities to effectively implement a ban on firecrackers in Delhi during Diwali, which contributed significantly to the capital’s worsening air quality.
A bench consisting of Justices Abhay S Oka and Augustine George Masih emphasized that the excessive burning of firecrackers infringes upon citizens’ right to health and their right to a pollution-free atmosphere.
Justice Oka stated, “The right to live in a pollution-free atmosphere is a fundamental right of every citizen, which is protected by Article 21 of the Constitution. Prima facie, we are of the view that no religion encourages any activity which creates pollution. If firecrackers are burnt in this fashion, it also affects the fundamental right to health of citizens.”
The court expressed dissatisfaction with the efforts made by the Delhi Police in tackling the firecracker issue, labeling the police actions of seizing raw materials as ‘mere eyewash’.
It further directed the Delhi Police Commissioner to immediately notify all stakeholders about the firecracker ban and ensure that no sale or manufacture of firecrackers takes place.
“We direct Delhi police commissioner to form a special cell to ensure effective implementation of the ban on firecrackers,” the bench added.
SC Directs Delhi Govt, Police On Firecracker Ban Decision By Nov 25
The bench also noted the Delhi government’s stance on the matter, stating that it plans to consult all relevant stakeholders before deciding whether to extend the firecracker ban throughout the year.
The bench asserted, “We direct the state government to take appropriate decision before 25 November. We direct the Commissioner of Police, Delhi, to take effective steps to implement the order passed. We direct the Commissioner of Police, Delhi, to file a personal affidavit before November 25, putting on record steps taken by Delhi police to implement the ban (on firecrackers).”
In a further bid to tackle the firecracker issue comprehensively, the court also called on neighboring states in the National Capital Region (NCR) – Punjab, Haryana, and Uttar Pradesh – to respond to the need for a complete ban on the manufacturing, storage, sale, and use of firecrackers within their jurisdictions.
“All states must respond before 25 November,” the bench ordered.
The Supreme Court’s comments reflect growing concerns over the mounting pollution in Delhi, especially during the winter months when factors like stubble burning, vehicular emissions, and industrial pollutants exacerbate the problem.
The court also referred to the issue of stubble burning in nearby states, which contributes heavily to the pollution levels in the NCR.
The bench questioned why the Delhi government delayed the implementation of the firecracker ban until 14 October, well after the festival of Dussehra, and noted that many people might have already stockpiled firecrackers in anticipation of Diwali.
The court also raised concerns about the Delhi government’s apparent helplessness in implementing the ban, pointing out that it is ultimately the responsibility of the Delhi Police to enforce it.
SC Challenges Claim Of Firecracker Rights Under Article 21
In a pointed remark, the bench challenged any individual claiming the right to burst firecrackers as part of their constitutional rights to present their case in court.
“If anybody is claiming the right to burst firecrackers under Article 21, let that person come to the court,” Justice Oka remarked.
Defending the government’s actions, the Centre’s counsel pointed out that Delhi imposed the firecracker ban only on 14 October.
The bench questioned the timing of the ban and its subsequent enforcement, highlighting that it may have been too little, too late to curb the pollution during the Diwali festivities.
On 4 November, the bench had expressed its dissatisfaction over the apparent lack of enforcement of the firecracker ban, intended to be a key measure in combating Delhi’s air pollution.
The bench said, “Widespread news reports indicate that authorities did not implement the ban on firecrackers in Delhi NCR, despite it being an important measure to reduce pollution.”
The court has now called for a more robust mechanism to address this issue, with hopes to curb air pollution in Delhi ahead of the 2025 festival season.
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