The Supreme Court on Tuesday questioned why there wasn't a permanent, nationwide ban on firecrackers, and restrictions are applied only during specific months in Delhi when air pollution remains a year-round issue in the national capital.
"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 the citizens," the court observed as it heard the case concerning pollution in Delhi.
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.
Additional Solicitor General Aishwarya Bhati explained that the current mandate was focused on air pollution during the festive season and the months when wind exacerbates pollution in Delhi. However, the bench remained unconvinced, suggesting that a permanent ban should be considered.
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.
In a pointed exchange, the bench questioned the delay in passing the ban order, and also asked, "Your order has said for elections, marriages, etc., crackers can be burnt? Who are the stakeholders, according to you?"
The counsel responded that various government departments were involved, which prompted further scrutiny from the bench. lt further pressed authorities, questioning if licences were still being granted for firecracker sales. The bench asserted that, with a full ban in place, no such licences 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.
Source: India Today