“No religion encourages any activity which creates pollution,” Supreme Court on Increase in Delhi Air Pollution, Ban on Firecrackers

Today (November 11, 2024, Monday), while questioning the Delhi Government for their failure to implement the ban on firecrackers in the National Capital during Diwali, the Supreme Court (SC) of India said that no religion encouraged any activity that creates pollution. The two-judge bench said, “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 matter was heard by a bench constituting Justice Abhay S Oka and Justice Augustine George Masih. During the proceedings, the SC bench came down heavily on the authorities and asked why the ban on manufacturing of firecrackers was applied during the festive season and not for the entire year, “Why only a few months? Air pollution increases all year!”

The SC was hearing the matter relating to the increase in pollution in Delhi. Earlier, the bench had asked the authorities to illustrate what measures were taken to curb stubble burning specifically across Punjab, Haryana, and Uttar Pradesh. In the previous hearing, the top court asked the Delhi authorities and police, how the ban on firecrackers flouted during Diwali celebrations in Delhi. During the proceedings today, the Delhi government told the SC that the Court's instruction for a perpetual ban on firecrackers would be considered after consultation with various stakeholders. The bench said, “Let your stakeholders come to us. If anybody is claiming right to burn firecrackers under Article 21, let them come to us.” After hearing the matter, the bench said, “We direct the state government to take appropriate decision before November 25. 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).”