Take call on permanent firecracker ban: SC

The Supreme Court on Monday said that no religion wants to promote pollution, stressing that every citizen has a fundamental right to live in a pollution-free environment and giving the Delhi government two weeks to decide on whether the Capital should have a permanent ban on firecrackers throughout the year.

- Abraham Thomas

The court's observations came weeks after the ban was flouted in the Capital during Diwali, with residents across the city buying and bursting firecrackers and police and other agencies choosing to look the other way.

"Prima facie we believe no religion encourages activity that causes pollution. The right to live in a pollution-free environment is the right of every citizen under Article 21 of the Constitution. If firecrackers are burned in this fashion, it affects the fundamental rights of citizens," a bench headed by justice Abhay S Oka said.

The court was hearing a public interest litigation (PIL) by environmental activist and lawyer MC Mehta to rid Delhi of pollution caused by several factors, firecrackers being one of them. The court was informed that, this year, the Delhi government imposed the ban on sale, storage or manufacture of crackers from October 14 to January 1 and deliberations on whether it should be extended beyond this period required all stakeholders to be consulted.

To be sure, the SC in 2018 asked for only green crackers to be allowed in NCR. However, such a ban needs to be notified at the state level. While the NCR states of Haryana and Uttar Pradesh have been notifying a ban on only conventional firecrackers, allowing green firecrackers, Delhi has since 2020 notified a ban.

Posting the matter on November 25, the bench, also comprising justice Augustine George Masih, said, "We direct the Delhi government to take a decision on extending the ban by consulting all stakeholders before November 25."