Justice Joymalya Bagchi of the Supreme Court has asked what is religious about the bursting of crackers, while the amicus curiae urged that health be balanced with religion and Chief Justice of India Surya Kant said the Court will not hurt religious sentiments.
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New Delhi: The Supreme Court on Monday, while hearing the suo motu case on air pollution and solid waste management in Delhi-NCR, which includes the question of permission for firecrackers, saw an exchange on the place of religion in the use of crackers. Justice Bagchi asked what is religious about the bursting of crackers, and the CJI said the whole exercise should involve a balancing approach. The matter will be heard again on October 15. [In Re: Air Pollution and Solid Waste Management in Delhi-NCR]
A Bench of Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V Mohana heard the matter.
Health To Be Balanced With Religion
The amicus curiae submitted that the health of citizens, including the elderly, children and the infirm, must be balanced with religion. Justice Bagchi then asked:
What is religious about bursting of crackers?
Amicus: Children Suffering
The amicus submitted:
Gods would be aghast if they knew that children were suffering and getting sick in their name.
CJI: Balancing Approach
The CJI said the Court would not hurt religious sentiments, and that the whole exercise should involve a balancing approach. He indicated that permitting only green crackers could be one way forward.
Traders And Enforcement
Earlier in the hearing, Senior Advocate J Sai Deepak, appearing for the Federation of Fireworks Traders, told the Court that the Federation was not opposed to the exercise but lacked clarity at this stage. The CJI observed that the Court must be extremely careful in passing an order unless it can be made manageable and enforceable, and appealed for celebrations to be restricted to particular hours, as was done last time. The remarks were made during a hearing and no order has been passed on the point.
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Case Details: In Re: Air Pollution and Solid Waste Management in Delhi-NCR (suo motu); Bench: CJI Surya Kant, Justice Joymalya Bagchi and Justice V Mohana; Next hearing: October 15.
Appearances: Amicus Curiae; Senior Advocate J Sai Deepak for the Federation of Fireworks Traders.