Advocate Hitendra Gandhi has approached the NHRC seeking action against the indiscriminate use of toxic firecrackers during Diwali, citing violations of the right to life, health, and environment under Article 21, and urging compassionate, pollution-free celebrations.
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MUMBAI: Mumbai-based Advocate Hitendra Gandhi has moved the National Human Rights Commission (NHRC), urging it to intervene against the indiscriminate bursting of firecrackers during Diwali and other festivals. His plea, deeply rooted in the right to life, health, and a clean environment under Article 21, calls for an awakening, celebrations that illuminate hearts without choking the skies.
“The brilliance of any celebration isn’t in the fire it burns, but in the compassion it kindles,”
Gandhi writes in his representation to the Commission.
Adv. Gandhi clarified that his plea is not an opposition to Diwali or cultural festivities, but an appeal to restore the true spirit of the festival, the victory of light over darkness, knowledge over ignorance, and compassion over harm.
“Diwali has always symbolized the triumph of light over darkness, dharma over adharma, and knowledge over ignorance. However, the indiscriminate use of firecrackers casts a shadow over this celebration, harming vulnerable citizens, animals, and urban ecosystems,”
he noted.
Gandhi’s detailed representation to the NHRC compiles evidence from across the country showing recurring pollution spikes, noise injuries, and ecological distress every festive season.
- Air Pollution: Monitoring stations across Delhi-NCR, Mumbai, Kolkata, and other cities report PM2.5 and PM10 levels rising 5–8 times above safe limits on Diwali night. Even the Supreme Court-mandated “green crackers” have failed to contain these toxic surges due to widespread non-compliance.
- Health Impacts: Hospitals witness sharp increases in respiratory illnesses and burn injuries, particularly among children and the elderly.
- Animal Distress: In Ahmedabad alone, over 450 animals were injured during recent Diwali celebrations. Animal shelters and veterinarians nationwide report cases of panic, injuries, and deaths among pets, strays, and urban wildlife.
- Toxic Materials: Gandhi’s petition also points to the use of illegal carbide-based explosive devices, which have caused injuries to at least 60 children in Bhopal and 75 people in Bengaluru.
Legal and Constitutional Grounds
Drawing from landmark Supreme Court judgments such as Subhash Kumar v. State of Bihar, M.C. Mehta v. Union of India, and Arjun Gopal v. Union of India, Gandhi emphasized that clean air and a healthy environment are integral to the right to life.
He urged the NHRC to:
- Commission a national study on the impact of firecracker use during festivals.
- Issue advisories to state and local authorities for better enforcement.
- Enforce the use of only BIS-certified green crackers.
- Restrict bursting hours and ban hazardous carbide-based devices.
- Protect animals, trees, and urban spaces through monitoring and accountability mechanisms.
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Gandhi’s appeal is ultimately a moral and spiritual reflection—that the essence of every festival lies not in excess, but in empathy.
“When our skies suffocate with smoke, when animals tremble in fear, when trees darken under soot, and when lives are lost to reckless explosions, the light we claim to celebrate turns into its own shadow,”
he wrote.
“To protect Diwali’s soul is to protect the essence of all celebration: the air that carries our prayers, the trees that breathe for us, the animals that trust us, and the right of every being to live in peace beneath the same light.”