The right to a clean environment is a fundamental facet of human well-being, and the celebration of festivals, such as Diwali, often brings to the forefront the delicate balance between cultural traditions and environmental concerns. This discussion revolves around whether the right to a clean environment implies the need for legal regulations on burning crackers during Diwali in the context of Article 21 of the Indian Constitution. Article 21, which guarantees the right to life and personal liberty, has been expansively interpreted by the judiciary to include the right to a healthy environment. The Apex Court, in various judgments, has underscored the importance of environmental protection and has acknowledged that individual actions affecting the environment can infringe upon the right to life of others.
Several landmark judgments, such as those related to noise pollution and air quality during Diwali, have set precedents for regulating activities that compromise the environment. The court’s jurisprudence has often emphasized the need for striking a balance between cultural practices and environmental sustainability. Therefore, this discourse explores the implications of the right to a clean environment on the legal regulation of burning crackers during Diwali, examining the nuances of Article 21 and scrutinizing pertinent judgments that have shaped the legal landscape surrounding this contentious issue.
Tag: Indian Constitution—Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure.
Decoding the Question:
- In the Introduction, define Article 21 of the Indian Constitution.
- In Body, try to bring out the issues of crackers and the Supreme Court’s Verdict on banning it.
- Conclude that the Supreme Court’s validation of the precautionary principle will bring positive changes.
Answer:
Article 21 of the Constitution declares that no person shall be deprived of his life or personal liberty except according to procedure established by law. This right is available to both citizens and non-citizens. Article 21 of the constitution is organic and evolving with time and because of this, the right to clean the environment was brought under the purview of Article 21.
Issue of crackers:
- The festival and New Year celebrations coincide with the period when farmers burn crop residue in neighboring Punjab and Haryana. Delhi’s geographical location, combined with the weather conditions every year, often leads to the effects of these farm fires lingering in the air for several days.
- The bursting of firecrackers may not be the only reason for air pollution, but it is one of the reasons.
- According to the Central Pollution Control Board (CPCB), the bursting of firecrackers has seen a substantial increase in PM 2.5 levels, which is a “very serious health hazard.”
Problems with cracker burning:
- The pollution produced by the various types of crackers is extremely high, rendering the air unbreathable and the noise levels intolerable. Almost every year, the pollution level in Delhi and the NCR region rises just after Diwali.
- These areas also have 30% to 40% more cases of wheezing, respiratory diseases, and other illnesses during and after Diwali.
Article 21 of the Indian Constitution and judgment(s) of the Apex Court in this regard:
- The use of firecrackers for a festival is a core and essential religious practice for one community in India. The plea for protecting this practice was made under Article 25(1) of the constitution, which provides the fundamental right to freely “profess, practice and propagate religion”.
- The Supreme Court temporarily banned the sale of firecrackers and later the Supreme Court refused to impose a nationwide blanket ban on the sale of firecrackers. The court allowed ‘green firecrackers’ (which are less polluting).
- The court had said that the limited ban on firecrackers was an experiment to examine its effect on pollution levels.
- The court also imposed timing restrictions on burning firecrackers. The court allowed to burn crackers between 8 pm and 10 pm on Diwali. On New Year and Christmas, the timing is from 11:45 pm to 12:15 am.
- The court has also directed all states to explore the feasibility of community crackers bursting during festivals.
The balance between environmental and religious freedom rights:
- All liberties are subject to reasonable limitations. The government may take steps to regulate the burning of crackers during Diwali to ensure the fundamental right to a clean environment. However, there is a need to strike a balance between the right to the environment and the right to religious freedom.
- The Supreme Court dismissed a petition in 2015 that sought to impose a blanket ban on the bursting of crackers on Diwali or to designate a specific location for the bursting of crackers.
A ban on the burning of crackers is not the answer:
- The totality of pollution causes must be addressed: the burning of crackers is only a two-day event that contributes only partially to the long-term problem of urban pollution, particularly in the NCR region. As a result, rather than focusing solely on cracker bursting, comprehensive measures must be implemented.
- Cultural Sentiments – A blanket ban on cracker bursting would also be problematic, as bursting crackers during Diwali is a century-old tradition.
- Bursting crackers are a matter of both individual and religious Worldwide crackers are used to celebrate the new year and Christmas festivals.
- Implementation issues – There are already restrictions on the types of crackers that can be manufactured and sold. In 2005, the Supreme Court issued a few important guidelines concerning These guidelines have not been followed by the authorities.
While deciding on a ban on firecrackers, it was important to consider all aspects, including the Fundamental Right of livelihood of firecracker manufacturers and the right to health of over 1.3 billion people of the country. Every little step to mitigate the quantities of particulate matter suspended in the air is indispensable, and it is hoped that the Supreme Court’s validation of the precautionary principle and rights under Article 21 will form the bedrock for stronger action in the future.
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