No religion encourages pollution: Supreme Court for round-the-year firecracker ban

In a stern rebuke to the Delhi government over the rampant disregard for the firecracker ban during Diwali, the Supreme Court asked why there wasn’t a year-round ban on firecrackers to address the chronic air pollution crisis in the capital.

Top court criticises Delhi’s seasonal firecracker restrictions
Bench suggests year-round ban to protect health rights
Directs Delhi Police to enforce existing ban immediately

The court observed, “No religion encourages activities that create pollution. Burning firecrackers in this manner affects citizens’ fundamental right to health.”

Coming down hard on the Delhi government and police over their failure to enforce the existing ban, the bench of Justices Abhay S Oka and Augustine George Masih asked why restrictions on the manufacture, sale and bursting of firecrackers applied only between October and January, and not for the entire year.

“Why only a few months? Air pollution increases all year!” the court said.

However, the bench remained unconvinced and suggested considering a permanent ban.

Supreme Court Scrutinizes Delhi’s Firecracker Ban

The court also scrutinised the Delhi government’s order passed on October 14, which banned the manufacture and sale of firecrackers but allowed exceptions for events like elections and weddings.

Who are the stakeholders, according to you?”

The counsel responded that various government departments were involved, prompting further scrutiny from the bench. The bench pressed authorities, asking if licenses were still being granted for firecracker sales. It asserted that, with a full ban in place, no such licenses should be allowed.

The Supreme Court then directed the Delhi Police Commissioner to immediately inform all the stakeholders concerned about the ban order and ensure no sale and manufacture of crackers.

The court also asked the Delhi government to consider a “perpetual ban” on firecrackers in the city before November 25, emphasising the need for a year-long ban rather than one limited to specific periods.

“If anyone wants to claim fundamental right to burst crackers, let them come to court! There should be year-long ban on crackers, not just Diwali,” the court remarked.

Delhi earned the tag of the world’s most polluted city after firecrackers were burst on the occasion of Diwali despite a blanket ban. Air quality in the capital has remained in the ‘very poor’ category in the days since.