No religion promotes pollution, says SC on firecrackers ban violation
This story was originally published at 17:55 IST on 11 November 2024
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NEW DELHI – Hearing the issue of non-implementation of the Delhi government's directive to ban the sale and lighting of firecrackers, the Supreme Court on Monday said no religion encourages any activity which creates pollution or compromises the health of people. The top court took note of Delhi government counsel's submission that they would take a call on a perpetual ban on firecrackers after consulting the stakeholders and asked the union territory to decide by Nov. 25.
"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. 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 the citizens," said the Bench of Justice Abhay S. Oka and Justice A.G. Masih.
The court said there was some substance in the grievance made by Additional Solicitor General of India Aishwarya Bhati, appearing for Delhi police, that the ban was imposed late by the Delhi government. However, the apex court said the ban order imposed by the Delhi government was not taken seriously by the police.
"No record of this order (banning order) being communicated to the ones who sell, and deal with sale of firecrackers or have license to do that. First thing, Delhi Police should have done is to inform them," the court said. The court directed the Commissioner of Police, Delhi, to immediately inform all concerned about the said ban and ensure that no license holder sells or manufactures firecrackers. The court ordered the Commissioner to form a special cell to ensure effective implementation of the ban on fire crackers.
The court also wondered "why Delhi Government delayed imposition of ban till Oct. 14". The court said it was possible that users might have already got the stock of firecrackers before that date. "We direct the Police Commissioner to file a personal affidavit putting on record the steps taken by them to enforce the ban. We direct all NCR (national capital region) states to come up before us and inform us about the steps taken by them to ensure pollution is minimal," the court said.
On Nov. 2, the court said the effect of non-implementation of the ban was apparent from newspaper reports that pollution levels in Delhi were at an all-time high during Diwali this year. The pollution level on Diwali night was far higher than in 2023 or 2022, said the bench of Justice Abhay S. Oka and Justice Augustine George Masih. According to data from the Central Pollution Control Board, the 24-hour average air quality index in Delhi was in the 'very poor' category at 328 on Diwali, worse than in the past two years.
The court was hearing a case on rising air pollution levels in the Delhi-National Capital Region and the issue of stubble burning in neighbouring states. On Monday, the top court took note of the compliance report filed by Punjab and Haryana governments which indicated that there was many farm fires during Diwali. "Even today we find reluctance on the part of governments in taking action under the Section 14 of The Commission for Air Quality Management in NCR & Adjoining Areas Act 2021. We have observed in earlier orders that instead of direct prosecution, states are still busy in just issuing show cause notices despite flagrant breaches. States owe an explanation to us on non-prosecution (of farmers accused of stubble burning," the court said. The court took note that the governments in Punjab and Haryana had remained reluctant in acting against the farmers who resorted to stubble burning. End
Reported by Surya Tripathi
Edited by Vidhi Verma
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