New Delhi: The Supreme Court on Thursday reaffirmed the total prohibition on fireworks in Delhi-NCR, prioritising the right of the citizens to live in a clean and hygienic environment. The Court rejected the appeal of manufacturers of firecrackers that the restriction would have a major detrimental effect on their businesses and livelihood. The bench headed by Justices Abhay S. Oka and Ujjal Bhuiyan spurned any relaxation of the prohibitions on the manufacturing, storage, sale, and transportation of fireworks in the area.
The Court also clarified that the use of “green crackers” was prohibited in Delhi-NCR. Justice Oka observed that air pollution has been a chronic problem in the area, with much of the population suffering from it, especially those who are employed on the streets and are most exposed to pollution. He emphasised that not everybody can pay for air purifiers at home or places of work in order to fight pollution.
The Court also reiterated that the right to health is a fundamental aspect of Article 21 of the Constitution; therefore, the right to live in a pollution-free city is also a constitutional right. The Court reminded manufacturers of firecrackers that by virtue of Article 51A of the Constitution, they are under an obligation to keep Delhi unpolluted.
The Supreme Court decided that a ban for only three to four months each year would fail to tackle air pollution. The bench had contended that if the ban was restricted to a couple of months, it would be useless since fireworks would otherwise be available for purchase all year round and stockpiled during the ban, and they would continue to pollute.
The Court also upheld the prohibition on online sales of fireworks and said that green crackers would be permitted only if it is established that they cause minimal pollution. As per reports from the Central Pollution Control Board (CPCB) and the government, green crackers cause 30% less pollution than conventional fireworks, but the court said that until it is shown that green crackers result in minimal pollution, no exemption would be given.
The Supreme Court had earlier directed on December 12, 2024, that fireworks should be prohibited year-round in Delhi and NCR states. The Court reiterated that such a ban was necessary to check air as well as noise pollution. Subsequent to the court’s directive, Delhi and Rajasthan declared a year-round prohibition of fireworks, and on January 17, the court extended the ban to the Uttar Pradesh and Haryana districts of the NCR until further orders.
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