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.
During the hearing, the bench orally remarked that if anybody is claiming the right to burn firecrackers under Article 21, let that person come to the court. The state government counsel said besides Diwali, there are other events. The bench asked then 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 licence? Centre’s counsel said, we have to give the licence because the ban was imposed on October 14.
The bench noted that as far as the implementation of the 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 had the stock of firecrackers before that.
The apex court, calling it a mere eyewash, pulled up the Delhi police for failing to comprehensively implement the firecracker ban in the national capital and only seizing raw materials.
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. "We direct Delhi police commissioner to form a special cell to ensure effective implementation of the ban on firecrackers...," the bench said.
Read More
