Model Answer
0 min readIntroduction
The right to life under Article 21 of the Indian Constitution has been broadly interpreted by the judiciary to include the right to a dignified life and a clean environment. This interpretation stems from the understanding that environmental degradation directly impacts human health and well-being. The issue of regulating firecrackers during Diwali has become a significant point of contention, balancing religious and cultural practices with the constitutional right to a pollution-free environment. Recent years have witnessed increasing judicial intervention, aiming to mitigate the adverse effects of firecracker emissions on air quality, particularly in the National Capital Region (NCR).
Article 21 and the Right to a Clean Environment
Article 21 of the Constitution guarantees the right to life and personal liberty. Through various judgments, the Supreme Court has expanded the scope of ‘life’ to include the right to a healthy environment. This principle was firmly established in cases like M.C. Mehta v. Union of India (1988), where the Court recognized the fundamental right to a wholesome environment as part of the right to life. The Court has consistently held that the State has a duty to protect and improve the environment, and to safeguard public health.
Judicial Interventions Regarding Firecrackers
The issue of firecrackers during Diwali has been repeatedly addressed by the Supreme Court. Key judgments include:
- 2016: The Court initially banned the sale of firecrackers in Delhi-NCR to address severe air pollution levels.
- 2017: The ban was partially lifted, but the Court emphasized the need for regulating the sale and use of firecrackers. It directed the police to ensure compliance with noise norms and prohibited the use of firecrackers beyond designated timings.
- 2018: The Court further clarified that only green firecrackers (those with reduced emissions) would be permitted for sale. It also directed states to ensure that only licensed vendors sell firecrackers.
- 2021 & 2022: The Court imposed complete bans on the sale and use of all types of firecrackers in Delhi-NCR during Diwali, citing concerns over rising pollution levels and the potential impact on public health, especially during the COVID-19 pandemic. However, these bans were later relaxed to allow for the sale of green firecrackers.
- 2023: The Court rejected a plea seeking a complete ban on firecrackers across the country, but directed states to ensure strict compliance with existing regulations and to promote the use of green firecrackers.
Legal Regulations and their Justification
Legal regulations on burning crackers during Diwali are justified under several legal provisions:
- The Air (Prevention and Control of Pollution) Act, 1981: This Act empowers the Central and State Pollution Control Boards to regulate air pollution and take measures to protect public health.
- The Environment (Protection) Act, 1986: This Act provides a framework for protecting and improving the environment, including the regulation of hazardous substances and activities.
- The Noise Pollution (Regulation and Control) Rules, 2000: These rules regulate noise levels from various sources, including firecrackers.
The Supreme Court has consistently upheld the validity of these regulations, recognizing the need to balance fundamental rights with the public interest. The Court has adopted a principle of ‘proportionality’, allowing for restrictions on the right to practice religion when necessary to protect public health and the environment.
Challenges and Considerations
Despite judicial interventions and legal regulations, several challenges remain:
- Enforcement: Effective enforcement of regulations is often hampered by logistical difficulties and a lack of resources.
- Illegal Sale: The illegal sale of banned firecrackers continues to be a problem, particularly in border areas.
- Public Awareness: Raising public awareness about the harmful effects of firecrackers and promoting the use of green alternatives is crucial.
- Balancing Cultural Practices: Striking a balance between protecting the environment and respecting cultural traditions remains a sensitive issue.
Conclusion
The right to a clean environment is intrinsically linked to the right to life under Article 21. While Diwali holds cultural significance, the unchecked burning of firecrackers poses a serious threat to public health and environmental sustainability. The Supreme Court’s interventions, supported by relevant legislation, demonstrate a commitment to protecting the environment. However, effective implementation, increased public awareness, and the promotion of green alternatives are essential to achieve a sustainable balance between cultural practices and environmental protection. A holistic approach involving government, judiciary, and citizens is crucial for ensuring a healthy and pollution-free environment for all.
Answer Length
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