SC on Firecracker Ban: No Religion Encourages Any Activity Which Creates Pollution, Says Supreme Court

New Delhi, November 11: The Supreme Court on Monday said that the right to live in a pollution-free atmosphere is a fundamental right of every citizen under Article 21 of the Indian Constitution and no religion encourages any activity which creates pollution.

Questioning the authorities for their failure to implement the ban on firecrackers in Delhi during Diwali, a bench of Justices Abhay S Oka and Augustine George Masih further said that if firecrackers are burnt in this fashion it also affects the fundamental right to health of the citizens. Delhi Air Pollution: With Air Quality Index Reading 409, National Capital’s Air Remains in ‘Very Poor’ Category in Many Areas.

"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 of India. Prima facie we are of the view that no religion encourages any activity which creates pollution or compromises with health of people. If firecrackers are burnt in this fashion it also affects the fundamental right to health of the citizens," said the bench.

It further expressed dissatisfaction over the matter in which the ban on fire-crackers by the Delhi government on October 14 was not taken "seriously" by the Delhi Police. Delhi Air Pollution: Several Areas Record AQI Over 400 As Smog Blankets National Capital (Watch Video).

The bench said that the Delhi Police ought to have informed all licence holders to forthwith stop the sale of firecrackers. It further directed the Delhi Police Commissioner to immediately take action to inform all concerned people about the order of the apex court on the ban of firecrackers and ensure that no license holder sells or manufactures firecrackers.

"Delhi Police must immediately inform those entities that sell firecrackers online on marketing platforms to stop the sale and delivery of firecrackers within the limits of the National Capital Territory of Delhi," it ordered. The apex court also directed the Delhi Police Commissioner to form a special cell to ensure the effective implementation of the ban on firecrackers and hold SHOs of all local police stations responsible for enforcing the ban throughout the year.

The bench further directed the Delhi Police Commissioner to file a personal affidavit before November 25 putting on record the steps taken by them to enforce the firecrackers ban. It directed all NCR states to come up before it and inform about the steps taken by them to ensure pollution is being at minimal.

The counsel appearing for the Delhi government stated that the government will decide on extending the ban throughout the year after consulting all stakeholders. It directed the state government to make an appropriate decision on or before November 25.

The apex court was hearing the case relating to the pollution in Delhi and examining the action taken by authorities across Punjab, Haryana and Uttar Pradesh to curb stubble-burning incidents. On the last date of the hearing, the top court had asked the Delhi government and Delhi Police how the ban on firecrackers to curb pollution was flouted during Diwali celebrations in the national capital and had asked the Delhi government to consider implementing a perpetual firecracker ban.

Today, the bench also took critical note that the governments in Punjab and Haryana are reluctant to act against farmers who resort to stubble burning. States must explain the non-prosecution of farmers accused of stubble burning, it said while directing strict compliance with the rules in this regard. The Centre today told the bench that it had rejected the Punjab government's demand for funds for tractors and other materials for farmers to tackle stubble burning.

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