New Delhi:The Supreme Court on Monday, against the backdrop of the alarming level of air pollution choking the capital, made it clear that 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, and emphasised, "no religion encourages any activity which creates pollution". The apex court posed tough questions to the concerned authorities for their failure to implement the ban on firecrackers in Delhi during Diwali.
The matter came up before a bench comprising justices Abhay S Oka and Augustine George Masih. Justice Oka, reading out of the order, 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 bench noted that counsel for Delhi government states that the government will take a decision on extending the ban on firecrackers throughout the year, after consulting all stakeholders. "We direct the state government to take (an) appropriate decision before November 25. We direct the Commissioner of Police, Delhi, to take effective steps and 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)," Oka said.
The bench also asked the NCR states to respond on 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 apex court passed the order, while 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.