Supreme Court Bans Firecrackers in Delhi-NCR to Combat Air Pollution

The case of Arjun Gopal & Ors. vs. Union of India & Ors. is a landmark judgment addressing the alarming levels of air pollution in the National Capital Region (NCR), particularly during Diwali due to the bursting of firecrackers. This public interest litigation (PIL) was filed under Article 32 of the Constitution, seeking a ban on firecrackers to curb air pollution. The Supreme Court delivered a historic ruling imposing a temporary ban on the sale and use of firecrackers in Delhi-NCR, emphasizing the right to clean air and health.

Background of the Case

The petitioners, a group of concerned citizens, filed a PIL citing the dangerous levels of air pollution caused by the excessive bursting of firecrackers during festivals. The case gained prominence after Diwali 2016 when the Air Quality Index (AQI) in Delhi skyrocketed, with PM2.5 levels crossing 700 µg/m³, nearly 29 times above the WHO standards.

On November 11, 2016, the Supreme Court passed an interim order suspending all licenses that permitted the sale of firecrackers in Delhi-NCR. The order also directed the Central Pollution Control Board (CPCB) to conduct a detailed study on the harmful effects of firecrackers.

Following this, firecracker manufacturers from Sivakasi, Tamil Nadu, filed an application for modification of the interim order. The manufacturers argued that the ban severely impacted their industry, which employed over 2 lakh people directly and 3 lakh indirectly. The Court heard arguments from both sides before delivering its final verdict.

Arguments of the Petitioners (Arjun Gopal & Others)

Firecrackers contribute significantly to the already hazardous air pollution levels in Delhi-NCR.
The right to clean air is a fundamental right under Article 21 of the Constitution.
Studies indicate that the bursting of firecrackers leads to a sharp increase in PM2.5 and PM10 levels, causing severe respiratory issues, particularly in children and the elderly.
The CPCB failed to regulate the harmful substances used in firecrackers, such as lead, arsenic, and mercury.
Alternatives like community fireworks displays and green crackers should be explored to minimize pollution.

Arguments of the Respondents (Firecracker Manufacturers and Union of India)

Firecrackers are an integral part of Indian festivals and banning them would infringe on cultural traditions.
The air pollution crisis in Delhi is caused by multiple factors, including construction dust, vehicular emissions, stubble burning, and industrial pollution.
The industry supports the livelihood of lakhs of workers, and an outright ban would lead to severe economic distress.
Scientific studies, such as the IIT Kanpur study, did not list firecrackers as the primary source of pollution.
Regulation, rather than a ban, would be a more balanced approach.

Supreme Court’s Observations

The Supreme Court examined multiple reports, including those from the CPCB, IIT Kanpur, and the National Green Tribunal (NGT). The Court noted:

The AQI in Delhi after Diwali 2016 was among the worst in the world.
Firecrackers, though not the sole contributor, significantly exacerbated air pollution during festivals.
Children, pregnant women, and elderly people were the most affected by the harmful emissions from firecrackers.
Studies confirmed the presence of toxic metals like lead and arsenic in firecrackers, which have serious health implications.
The precautionary principle mandated the Court to take proactive steps to protect public health.

The Court stated:

“The right to breathe clean air is an essential component of the right to life under Article 21. The increasing pollution levels in Delhi-NCR pose a grave health hazard that cannot be ignored.”

Final Ruling

After considering all arguments and expert reports, the Supreme Court ruled:

A complete ban on the sale and use of firecrackers in Delhi-NCR until further orders.
The ban would be reviewed after Diwali to assess its impact on air pollution levels.
The CPCB was directed to set clear environmental standards for firecrackers.
Only green crackers, with significantly reduced emissions, could be manufactured and sold in the future.
The Union and State Governments were instructed to conduct awareness campaigns on the harmful effects of firecrackers.

The Court emphasized:

“The health of citizens, especially children, must take precedence over commercial interests. Air pollution has reached alarming levels, and immediate action is necessary to safeguard public health.”

Conclusion

This ruling marks a significant step towards environmental protection and public health safety. By prioritizing the right to clean air over economic and cultural considerations, the Supreme Court has set a precedent for proactive judicial intervention in environmental matters. While the ban on firecrackers may be controversial, it highlights the urgent need for sustainable celebrations that do not compromise health and well-being.

Don’t miss out on the full details! Download the complete judgment in PDF format below and gain valuable insights instantly!

Download Judgment: Arjun Gopal & Ors. vs Union of India & Ors Supreme Court of India Judgment Dated 12-09-2017.pdf

Direct Downlaod Judgment: Direct downlaod this Judgment

See all petitions in Environmental Cases
See all petitions in Public Interest Litigation
See all petitions in Legislative Powers
See all petitions in Judgment by Madan B. Lokur
See all petitions in Judgment by Deepak Gupta
See all petitions in allowed
See all petitions in supreme court of India judgments September 2017
See all petitions in 2017 judgments

See all posts in Environmental Cases Category
See all allowed petitions in Environmental Cases Category
See all Dismissed petitions in Environmental Cases Category
See all partially allowed petitions in Environmental Cases Category