Firecracker Ban Upheld: Supreme Court Prioritizes Air Quality in Delhi NCR

The Supreme Court of India, in the case of Arjun Gopal & Others vs. Union of India & Others, delivered a significant judgment on October 9, 2017, addressing the issue of severe air pollution in Delhi and the National Capital Region (NCR) caused by the burning of firecrackers. The Court ruled to suspend the sale of firecrackers before Diwali to assess its impact on air quality.

The petitioners, a group of concerned citizens, approached the Supreme Court seeking a complete ban on the sale of firecrackers, citing the alarming rise in pollution levels during the Diwali season. The respondents, including firecracker manufacturers and government bodies, opposed the ban, arguing that fireworks were not the sole cause of pollution and that a complete ban would severely impact livelihoods.

Petitioner’s Arguments

The petitioners contended that:

• Delhi experienced unprecedented levels of air pollution following Diwali in 2016, with air quality deteriorating to hazardous levels.
• The World Health Organization (WHO) standards were exceeded by nearly 29 times due to the burning of firecrackers.
• Children, the elderly, and those with respiratory conditions were disproportionately affected by air pollution.
• The fundamental right to a clean environment, as enshrined in Article 21 of the Constitution, necessitated immediate intervention.
• The “precautionary principle” mandated preventive measures in the absence of scientific certainty regarding pollution sources.

Respondent’s Arguments

The respondents, including firecracker manufacturers and trade associations, argued that:

• The ban was excessive and unfairly targeted the fireworks industry while ignoring other major pollution sources such as crop burning, vehicular emissions, and industrial pollution.
• Firecrackers were an integral part of Diwali celebrations, and banning them violated cultural and religious traditions.
• Thousands of workers depended on the fireworks industry, and the ban would lead to massive job losses.
• There was no conclusive scientific evidence proving that firecrackers were the primary cause of severe air pollution in Delhi NCR.

Key Observations by the Court

The Supreme Court ruled in favor of the petitioners, upholding the suspension of firecracker sales before Diwali. The bench observed:

“The air quality in Delhi and NCR has reached hazardous levels post-Diwali. The right to breathe clean air must take precedence over commercial interests.”

The Court further noted:

• The government had a duty under Article 48A of the Constitution to protect and improve the environment.
• Citizens also had a fundamental duty under Article 51A(g) to safeguard the environment.
• Firecracker sales should be halted to test whether it led to an improvement in air quality during Diwali.
• A graded regulatory approach was necessary to gradually eliminate pollution from fireworks.

Final Judgment

The Supreme Court directed:

“The suspension of firecracker licenses shall continue for the 2017 Diwali season. Further assessments will be made to determine whether the ban results in improved air quality.”

The Court also ordered:

“The sale and transportation of firecrackers into Delhi NCR from outside regions are strictly prohibited until further orders.”

Conclusion

This landmark judgment reaffirmed the Supreme Court’s commitment to environmental protection and public health. By prioritizing air quality over commercial interests, the ruling set a precedent for future policies addressing pollution control in urban areas.

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Download Judgment: Arjun Gopal & Others vs Union of India & Oth Supreme Court of India Judgment Dated 09-10-2017.pdf

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