The court emphasized that the right to health is a fundamental right under Article 21 of the Indian Constitution.
New Delhi: 3rd April: The Supreme Court of India has refused to relax the ban on the manufacture, storage, and sale of firecrackers in Delhi-NCR. The court made this decision on Thursday, highlighting that air pollution levels in the region have remained extremely high for a long time.
A bench comprising Justices Abhay S Oka and Ujjal Bhuyan observed that pollution affects people who work outdoors the most. The court noted that many individuals do not have the luxury of using air purifiers at home or in their workplaces.
The bench stated:
“Not everybody can afford an air purifier at their residence or place of work to fight pollution.”
The court referred to multiple orders passed in the last six months, which documented the dangerous air quality in Delhi. It emphasized that the right to health is a fundamental right under Article 21 of the Indian Constitution.
The court also underscored the importance of living in a pollution-free environment, stating:
“Several orders passed by this court during last six months bring on the record the horrible situation which prevailed in Delhi due to very high levels of air pollution… Right to health is an essential part of Article 21 of the Constitution so is the Right to live in a pollution free atmosphere.”
The bench also addressed the issue of “green crackers,” which are claimed to be less harmful. However, the court expressed doubts about their effectiveness in reducing pollution. It made it clear that unless there was concrete proof that these crackers caused minimal pollution, the earlier restrictions would remain in place. The court categorically stated:
“Unless the court was satisfied that the pollution due to the ‘so-called’ green crackers was bare minimum, there was no question of reconsidering the previous orders.”
The Supreme Court further explained that its decisions over time demonstrated that the firecracker ban was necessary due to the severe pollution crisis in Delhi-NCR. It justified the restrictions, calling the situation “an extraordinary situation” caused by extreme pollution levels.
The court concluded:
“The orders passed from time to time would indicate that the directions and ban on the use of firecrackers was warranted by an ‘extraordinary situation’ created in Delhi.”
Why Did the Supreme Court Continue the Ban?
The Supreme Court of India on January 17, 2025, extended the firecracker ban in districts of Uttar Pradesh and Haryana that fall within the National Capital Region (NCR). The decision comes as part of ongoing efforts to combat air pollution in Delhi and the surrounding areas.
A bench of Justice Abhay Oka and Justice Ujjal Bhuyan, while hearing the MC Mehta case on air pollution, passed the order extending the ban.
“Till further orders are passed, the ban imposed by the state of Uttar Pradesh and Haryana to NCR parts of the states, which was effective till today, is extended. The compliance by the states will be considered on 24th of March 2025,”
This annual ban, which is announced but frequently ignored, contributes to a suffocating layer of toxic air that envelops the national capital and surrounding areas for days after the festival.
The Supreme Court’s decision is based on the alarming pollution levels in Delhi, which have been deteriorating over the years. Studies and real-time air quality index reports have shown that during the festival season, air pollution spikes to hazardous levels. The court’s priority remains public health, particularly for those who are most vulnerable to pollution-related diseases.
Case Title – MC Mehta v. Union of India| WP (C) 13029/1985
