New Delhi: The Supreme Court is currently hearing a case regarding the deteriorating air quality in Delhi-NCR, emphasising that no religion promotes actions that worsen pollution. The Court remarked that the use of firecrackers compromises clean air, which is a violation of Article 21 of the Constitution—the right to life. The Delhi Police Commissioner has been ordered to file an affidavit personally by 25 November, detailing the measures taken to enforce the firecracker ban. The Court also directed all NCR states to provide an update on the steps they have taken to minimise pollution.
The Supreme Court further instructed the Delhi Police Commissioner to establish a special cell to ensure the effective implementation of the firecracker ban. The Court expressed surprise over the Delhi government’s delay in implementing the ban, which was only imposed on 14 October. “Users could have already stocked up on firecrackers by then,” noted the Court. Under Article 21, citizens have the right to live in a pollution-free environment, and the Court pointed out that, prima facie, no religion advocates activities that compromise public health or promote pollution.
During the hearing, the Supreme Court questioned the representation of the Delhi Police and Delhi Government in court, asking them to present the ban order and the steps taken to implement it. The Delhi Government’s lawyer presented the order that imposed the ban on firecrackers. Justice Oka pointed out that the affidavit suggested the ban applied only during Diwali, but not for weddings or election celebrations.
The lawyer representing the Delhi Government argued that a permanent ban, as directed by the Court, would be considered after consulting stakeholders. Senior advocate Gopal Shankaranarayanan clarified that the ban was not limited to Diwali but was a nationwide measure, including a ban on online sales. He stated that the Court had directed the production of “green firecrackers” across the country.
Expressing displeasure with the Delhi Government and Delhi Police, Justice Oka suggested that all stakeholders come before the Court if they wish to claim a right to use firecrackers under Article 21. He questioned why the ban was limited only to Diwali and why no precautionary measures were taken earlier. The Central Government also pointed out that the Delhi Government issued directions on 14 October, just two days after Dussehra, but no action had been taken before that.
The Supreme Court’s dissatisfaction with the enforcement of the firecracker ban and the delay in implementing it underscores the urgency of addressing Delhi’s worsening air quality. As winter approaches and pollution levels spike, the need for prompt and effective action becomes increasingly critical. The Delhi Government, Delhi Police, and other stakeholders are now under pressure to ensure compliance with the Court’s orders to safeguard the public’s right to clean air.
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