No religion promotes any activity that causes pollution, the Supreme Court said on Monday while criticising the Delhi government for its failure to enforce a ban on the use of firecrackers in the national capital during Diwali festivities, Bar and Bench reported.
A bench of Justices Abhay S Oka and Augustine George Masih was hearing a case pertaining to air pollution in the National Capital Region. In addition to firecrackers, the court is also considering the impact of other pollution sources including stubble burning, waste burning, vehicular emissions and industrial pollution.
“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 of India,” the court said, according to Live Law.
Article 21 protects citizens’ fundamental right to life and personal liberty.
“Prima facie we are of the view that no religion promotes any activity which promotes pollution or compromises with health of people,” the bench added, according to Bar and Bench. “If firecrackers are burnt in this fashion it also affects the fundamental right to health of the citizens.”
On October 14, the Delhi Pollution Control Committee banned the manufacturing, storage, selling and use of all types of firecrackers in the national capital till January 1, 2025.
The commission ordered the police to implement the directions and file daily “action taken reports”.
Despite this, firecrackers were lit across the city as part of Diwali festivities. On the morning after Diwali, Delhi’s air pollution level exceeded the “safe” limit prescribed by the World Health Organization by nearly 14 times.
On November 4, the court sought an explanation from the Delhi government and the Delhi Police about the manner in which the firecracker ban was implemented. This came after media reports claimed that air pollution in the National Capital Region had reached an “all-time high”, Live Law reported.
The bench also asked the Delhi government to consider a perpetual ban on firecrackers and noted that the restriction was hardly implemented in the national capital during Diwali.
On Monday, the Delhi government told the court that the perpetual ban would be considered after consulting various stakeholders, Bar and Bench reported.
“Let your stakeholders come to us,” the bench said. “If anybody is claiming right to burn firecrackers under Article 21, let them come to us.” Subsequently, the court ordered the Delhi government to take a decision on the perpetual ban by November 25.
The bench also expressed dissatisfaction at how the firecracker ban was imposed during Diwali, adding that the October 14 order was not taken “seriously” by the Delhi Police. It noted that the ban had not been communicated to manufacturers and distributors of firecrackers.
“We direct the Commissioner of Police Delhi to immediately take action of informing all concerned about the said ban to ensure that during the subsistence of the ban no licence holder manufacturers stores or sells firecrackers,” the bench said, according to Live Law.
The court said that the police “must immediately inform those entities that sell firecrackers…to stop sale and delivery of firecrackers within the limits of National Capital Territory of Delhi”.
It directed the commissioner of police to setup a special cell to implement the ban.
“We wonder why Delhi Government delayed imposition of ban till October 14,” the court also remarked. “It is possible that users must have already got the stock of firecrackers before that.”
Air quality deteriorates sharply in the winter months in Delhi, which is often ranked the world’s most polluted capital. Stubble burning in Punjab and Haryana, along with falling temperatures, decreased wind speeds and emissions from industries and coal-fired plants contribute to the problem.
Also read: Why some Delhi residents leave the city during Diwali
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