'No religion supports pollution': SC on firecracker ban

New Delhi: The Supreme Court criticized the Delhi government on Monday for its failure to enforce a ban on firecrackers during Diwali, emphasizing that "no religion promotes any activity that causes pollution." The bench, comprising Justices Abhay S. Oka and Augustine George Masih, was hearing a case related to air pollution in the National Capital Region, which also involved sources like stubble burning, vehicular emissions, and industrial pollution.

The court underscored that the right to live in a pollution-free atmosphere is a fundamental right protected by Article 21 of the Indian Constitution. It further stated, “Prima facie, we are of the view that no religion promotes any activity which promotes pollution or compromises the health of people,” adding that firecrackers harm citizens' fundamental right to health.

On October 14, the Delhi Pollution Control Committee (DPCC) had imposed a ban on the manufacturing, storage, sale, and use of firecrackers in the city until January 1, 2025. Despite the ban, firecrackers were set off during Diwali, leading to air pollution levels in Delhi exceeding the “safe” limit prescribed by the WHO by nearly 14 times.

The court had previously sought an explanation from the Delhi government and Delhi Police regarding the implementation of the firecracker ban after air pollution levels spiked post-Diwali. The bench also instructed the Delhi government to explore the possibility of a perpetual ban on firecrackers and ordered the government to present a decision on the matter by November 25.

The Delhi government informed the court that consultations with stakeholders would be held before considering a perpetual ban. In response, the bench remarked, “Let your stakeholders come to us,” and called for action to be taken to implement the current ban more effectively.

The court expressed frustration over the lack of proper enforcement, noting that the Delhi Police had not adequately communicated the ban to firecracker manufacturers and distributors. The bench ordered the Delhi Police Commissioner to inform all concerned parties immediately and set up a special cell to oversee the ban's implementation.

The court also questioned the delay in imposing the ban, pointing out that users may have already stocked up on firecrackers before the October 14 order. The winter months in Delhi often see a sharp deterioration in air quality, exacerbated by stubble burning in neighboring states, lower temperatures, and industrial emissions, further contributing to the region’s pollution crisis.

With PTI inputs