The Supreme Court stated on Monday that no religion advocates for actions that cause pollution, questioning authorities over their inability to enforce the firecracker ban in Delhi during Diwali.
A Bench comprising Justices Abhay S. Oka and Augustine George Masih emphasized that the right to live in a pollution-free environment is a fundamental right of every citizen, as guaranteed under Article 21 of the Indian Constitution.
"Prima facie we are of the view that no religion promotes any activity which promotes pollution or compromises with health of people," the Court said.
The Bench was hearing a case on pollution in Delhi, focusing on actions taken by authorities in Punjab, Haryana, and Uttar Pradesh to address stubble burning. In the previous hearing, the Supreme Court questioned the Delhi government and Delhi Police about the enforcement of the firecracker ban during Diwali, aimed at reducing pollution in the capital.
Significantly, the Court urged the Delhi government to consider enforcing a permanent firecracker ban. In response, the Delhi government stated that it would evaluate the Court's suggestion after consulting relevant stakeholders. The Court then inquired about these stakeholders and emphasized that a decision should be made before the new year.
"Let your stakeholders come to us. If anybody is claiming right to burn firecrackers under Article 21, let them come to us," it added.
In its order, the Court directed the government to reach a decision by November 25. It also requested neighboring states to report on the measures they have taken to keep pollution at minimal levels in their regions.
Regarding the extensive use of firecrackers in Delhi during the recent Diwali, the Court noted that the Delhi government expressed its inability to enforce the ban, explaining that enforcement was under the jurisdiction of the Delhi Police. The Delhi Police, however, attributed the lack of enforcement to the ban order being issued only on October 14. The Court criticized this response, stating that the order had not been effectively communicated to sellers, manufacturers, and dealers of firecrackers.
Consequently, the Court instructed the Delhi Commissioner of Police to immediately inform all relevant parties of the ban, which remains effective until January 1, 2025, and to ensure that no license holder engages in the sale or manufacture of firecrackers.
Additionally, the Court directed the Commissioner of Police to establish a Special Cell dedicated to ensuring the effective enforcement of the firecracker ban.
"We directed Police Commissioner to file personal affidavit putting on record the steps taken by them to enforce ban," it ordered.
The Court also questioned the Delhi government regarding the delay in issuing the firecracker ban order.
"We wonder why Delhi Government delayed imposition of ban till October 14. It is possible that users must have already got the stock of firecrackers before that," it said.
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