The Supreme Court of India.
Credit: PTI File Photo
New Delhi: Amid severe air pollution in the national capital, the Supreme Court on Monday said that right to live in pollution free atmosphere is a fundamental right of every citizen, protected by Article 21 of the Constitution. The court also emphasised no religion encouraged any activity which creates pollution.
Dealing with the issue of failure of the concerned authorities to implement the firecrackers ban in Delhi during Diwali, a bench of Justices Abhay S Oka and Augustine George Masih 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 fire crackers are burnt in this fashion, it also affects the fundamental right to health of citizens”.
Calling the efforts by the police in seizing raw materials as merely an eyewash, the bench directed the Delhi police commissioner to immediately inform all the stakeholders concerned about the ban order and ensure no sale and manufacture of crackers took place.
“We direct Delhi police commissioner to form a special cell to ensure effective implementation of the ban on fire crackers," the bench said.
The bench noted that counsel for Delhi government states that the government will take a decision on extending the ban on fire crackers throughout the year, after consulting all stakeholders.
“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),” the bench said.
The bench also asked the NCR states to respond to the issue of banning manufacture, storage, and sale and bursting of firecrackers, within the limits of NCR states.
“All states must respond before November 25,” the bench said.
The court was hearing a case in connection with the air pollution in Delhi and examining the action taken by concerned authorities across Punjab, Haryana, and Uttar Pradesh against the menace of stubble burning.
During the hearing, the bench orally remarked that if anybody is claiming the right to burst firecrackers under Article 21, let that person come to the court.
The state government counsel said besides Diwali, there are also other events.
The bench then wondered, "Why just limit the ban to Diwali!"
The Centre’s counsel contended before the bench that the Delhi Government issued directions on October 14, just two days after Dussehra, and nothing was done before that. The bench asked till when the central government granted the license?
The Centre’s counsel said it had to give the license because the ban was imposed on October 14.
The bench noted that as far as implementation of firecracker ban is concerned, the Delhi government has expressed helplessness as the same has to be implemented by Delhi Police. The bench wondered why Delhi government delayed imposition of the ban till October 14, and it is possible that many must have already got the stock of firecrackers before that.
On the last date of hearing on November 4, the bench had said, "There are widespread news reports that the ban on firecrackers (in Delhi NCR) was not implemented at all, this was supposed to be an important measure to reduce pollution."
Emphasising at the need to develop a mechanism to ban the use of firecrackers, the bench said something has to be worked out at least for the next year to curb air pollution in 2025.