‘No Religion Encourages Any Activity Which Creates Pollution’: Supreme Court On Firecracker Ban Violation In Delhi On Diwali

Pranav Shukla

The Supreme Court observed on November 11 that religious teachings prioritize environmental stewardship, and therefore, activities like firecracker use, which degrade Delhi-NCR’s air quality, cannot be justified on religious grounds.

The Supreme Court of India has made a landmark statement, emphasizing that every citizen has the fundamental right to live in a pollution-free environment, as safeguarded by Article 21 of the Indian Constitution. Essentially, this means that no individual or group should engage in activities that harm the environment and compromise public health.

The Court specifically highlighted the issue of firecracker use, noting that burning them not only contributes to pollution but also infringes upon citizens’ right to good health. This stance was taken in response to the Delhi Government’s failure to effectively enforce the ban on firecrackers during Diwali celebrations.

In stronger terms, the Court expressed dissatisfaction with the Delhi Police’s lack of seriousness in implementing the ban, directing them to inform all license holders to stop selling firecrackers immediately. To ensure compliance, the court ordered the Delhi Police Commissioner to: Create a dedicated team to enforce the ban on firecrackers throughout the year, Direct online marketplaces to stop selling and delivering firecrackers within Delhi’s limits and make local police station heads responsible for enforcing the ban.

The Court also directed the Delhi Government to consider extending the ban on firecrackers throughout the year, after consulting with stakeholders, and to make a decision by November 25.

The Supreme Court of India has taken a strong stance on enforcing the firecracker ban in Delhi. Justices Abhay S Oka and AG Masih directed the Delhi Police Commissioner to inform all stakeholders about the ban, ensuring no license holders manufacture, store, or sell firecrackers during the ban period. This move aims to curb pollution and protect citizens’ right to a healthy environment.

Case Title – MC Mehta v. Union of India

Case no. – WP(C) 13029/1985

Bench – Justice Abhay S Oka and Justice AG Masih