IMPORTANT POINTS
Supreme Court constitutionally bound to address these grave concerns arising out of air pollution caused by firecrackers.
Balancing the vital interests of the vast majority of citizens against the commercial interests of a few (dealers in fire crackers), the balance must heavily tilt in favour of citizens in general.
Duty to ensure a healthy environment not only on the State in terms of Article 48-A but also on all citizens under Article 51A(g).

The petitioners have approached this Court seeking emergent reliefs in relation to the extreme air pollution in the National Capital Region (hereinafter “NCR”).

2. We have heard Mr. K.K. Venugopal and Ms. Vibha Datta Makhija, learned senior counsel for the petitioners and Mr. C.A. Sundaram, learned senior counsel for the respondent. The petitioner has sought wide ranging reliefs against the use of fireworks (including fire crackers), prevention of harmful crop burning, dumping of malba and further steps towards environmental purity. We have, however, restricted this order to grant of interim relief in respect of fireworks.

3. The primary contention of the petitioners is that the use of fireworks in the NCR has posed a serious problem to the inhability of the air during Diwali and the wedding season. According to the petitioners, the problem has reached proportions in the NCR which are not tolerable and are causing immense harm to the peace, well-being and health both physical and mental. In fairness, we must say that there was no serious opposition to the impact of fireworks on the ambient air and the unhealthy effects of fireworks on it. The opposition was mainly about the total banning of fireworks in all circumstances.

4. The onset of winter and the festival/marriage season this year, presented to the residents of NCR severe concerns regarding the air quality standards. According to reports, the air quality standards in early November of this year were the worst in the world. It is reported that the PM 2.5 levels recorded where “beyond scale” values [see India’s air quality among world’s worst over Diwali weekend: Report. November 4, 2016, Hindustan Times]. The report indicates that 24 hour average of PM 2.5 levels in South Delhi in 2016 were 38% higher than on the Diwali night of 2015. The day after Diwali, these levels were twice as high as the day after Diwali in 2015, crossing 650 µg/m³, which is 26 times above the WHO’s standards or levels considered safe. Shockingly, on the morning of 1.11.2016, Delhi woke up to an average PM 2.5 level of over 700 µg/m³–some of the highest levels recorded the world over and 29 times above WHO standards. The report further states that the WHO guideline for 24-hour average PM 2.5 levels is 25 µg/m³ and with an annual average PM 2.5 level of 122 µg/m³, Delhi’s air is the worst among global megacities with dense populations. We have particularly referred to the PM 2.5 levels because of the extreme effects and near invisibility of this type of particulate matter. PM 2.5 or particulate matter 2.5 (PM2.5), refers to tiny particles or droplets in the air that are two and one half microns or less in width. It may be noted that the widths of the larger particles in the PM2.5 size range would be about thirty times smaller than that of a human hair. These particles primarily emanate from vehicle exhausts and other operations that involve the burning of fuels such as wood, heating oil or coal, and of course, use of fire crackers.

5. In India, air quality standards are measured in terms of the Air Quality Index (hereainafter ‘AQI’). The AQI was launched in India on 17.10.2014 by the Ministry of Environment and Forests. According to the press release of the Press information Bureau of the same date, it consists of a comprehensive set of parameters to monitor and asses the air quality. The AQI considers eight pollutants (PM10, PM2.5, NO2, SO2, CO, O3, NH3, and Pb), and based on the levels of these pollutants six categories of AQI ranging from Good to Severe have been prescribed. The index also suggests the health effects of the pollution category wise. The gradation of AQI and its health impact is extracted below:

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