NEW DELHI: On Monday, the Supreme Court of India raised concerns about the inadequate enforcement of the firecracker ban in Delhi during Diwali, questioning the effectiveness of current pollution control measures. The 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 protected under Article 21 of the Indian Constitution.
The Court remarked that no religion endorses practices detrimental to public health or those that lead to environmental harm. This observation came amid proceedings addressing Delhi’s pollution, including the impact of stubble burning in neighbouring states like Punjab, Haryana, and Uttar Pradesh.
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The Delhi government faced scrutiny for delaying the firecracker ban until mid-October, potentially allowing citizens enough time to purchase firecrackers. Although the Delhi Police stated the order was issued on October 14, the Court expressed dissatisfaction with its implementation. The Court highlighted that efforts to inform sellers and manufacturers of the ban were inadequate. Consequently, the Court ordered Delhi’s Police Commissioner to establish a Special Cell dedicated to enforcing the ban until January 1, 2025. The Commissioner is also required to submit a personal affidavit detailing the steps taken to ensure compliance.
Addressing stubble burning, the Supreme Court noted that despite prior directives to penalize violators, the Union government has shown limited action. Although recent amendments have increased fines for farmers who burn stubble, Senior Advocate Siddharth Dave, representing farmers, argued that machinery for crop residue management remains insufficient. However, the Court emphasized its expectation that state and central authorities take stronger, proactive measures.
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In continuation of this case, the Delhi government has been instructed to decide on a permanent firecracker ban by November 25, after consulting relevant stakeholders. The Supreme Court underscored the importance of addressing pollution swiftly to ensure a healthier environment for all citizens.