Supreme Court Says Firecracker Ban In Delhi-NCR Needs To Be Extended Across Country

The Supreme Court today orally expressed the need to explore a pan-India ban on firecrackers, considering the right to pollution-free air for all citizens and not just those residing in Delhi-NCR. 

The bench of CJI BR Gavai and Justice K Vinod Chandran was hearing the MC Mehta matter concerning air pollution in Delhi NCR from various sources, such as firecrackers and stubble burning.

Previously, the bench of Justice Abhay S. Oka and Justice Ujjal Bhuyan directed the states of Uttar Pradesh, Rajasthan and Haryana to issue directions under Section 5 of the Environment Protection Act, 1986, enforcing a complete ban on firecrackers in the National Capital Region (NCR).

Today, during the hearing, the bench was informed that, as per the previous orders of the Court, a complete ban was made on firecrackers in Delhi-NCR. Amicus Curiae Senior Advocate K Parameshwar said that a ban for the period from October to February would have been justified, but a complete ban on the manufacturing, trading and selling of the firecrackers would affect the livelihood of many. 

At this juncture, the CJI verbally observed that it would be incorrect to assume that the right to pollution-free air was only for those residing in Delhi-NCR. 

"If citizens residing in NCR are entitled to pollution-free air, why not the citizens in the other parts of the country? ...Just because this is the Capital City or the Supreme Court is situated here, we should have a pollution-free (air) but not other citizens in the country?" 

Additional Solicitor General Aishwarya Bhati, appearing for the Union, stated that in Delhi-NCR, the air pollution deteriorates drastically. She said, "My lords, we literally choke; in winters, it becomes impossible". 

The CJI highlighted that the situation of air pollution is equally important in other states like Punjab. Recalling from his personal experience, he said: " Last winter I was in Amritsar, I was told that the air pollution in Punjab is worse than in Delhi....therefore whatever policy has to be there, the policy has to be on a Pan-India Basis- we cannot have a special treatment for Delhi because people of Delhi are elite citizens of this country." 

The ASG, however, weighed in to clarify that the problem of air pollution cannot be called elite, as the elite citizens during Diwali would leave Delhi, the actual sufferers of the pollution are the poor and labourers who don't even have air purifiers. 

The bench directed the ASG to get a report from Commission for Air Quality Management regarding the air quality in Delhi and posted the matter for hearing on September 22. 

Case Details: MC Mehta v. Union of India WP (C) 13029/1985