IMPORTANT POINTS
Production and sale of crackers other than 'Green Crackers' banned in Delhi and NCR.
Sale and use of joined firecrackers (series crackers or laris) banned.
Sale allowed only through licensed traders.
Online sale of crackers banned.
Use of Barium salts in fireworks also banned.
PESO directed to ensure sale of only those crackers having decibel (sound) level within limits and permitted chemicals are allowed in the market.
Extensive public awareness campaigns by governments directed.
Time limit of 8 pm to 10 pm for fireworks directed to be strictly observed.
Government directed to permit community fire-cracking only (for Diwali and other festivals etc. as mentioned above), wherever it can be done.
Station House Officer (SHO) of the concerned Police Station of the area shall be held personally liable for violation of these directions.

Headnote:(a) Constitution of India – Article 48A and Article 51A(g) – State duty bound to ensure a healthy environment – At the same time, citizens are also duty bound to ensure the same (Para 4)
       (b) Environmental law – Air and Noise pollution due to fire crackers during Diwali – PM2.5 levels go up – PM2.5 levels during Diwali 2017, when there was ban, was reduced than Diwali 2016 when there was no ban – However bursting of firecrackers during Diwali is not the only reason for deterioration of air quality – Even then held, menace due to fireworks during Diwali or other festivals/occasions cannot be allowed to continue. (Para 25, 26)
       (c) Environmental law – Rise in PM2.5 – Effects hazardous – And irreversible – Burning of crackers during Diwali – Not the only reason for worsening air quality – But it definitely contributes to air pollution in a significant way – 'Precautionary principle' – Well recognised principle followed to save environment – The principle is based on scientific uncertainty and involves anticipation of environmental harm and taking measures to avoid it or to choose the least environmentally harmful activity – Environmental protection should not only aim at protecting health, property and economic interest but also protect the environment for its own sake – Precautionary duties must not only be triggered by the suspicion of concrete danger but also by (justified) concern or risk potential. (Para 29, 30, 31, 32,
       (1996) 5 SCC 647; (1999) 2 SCC 718 – Relied upon
       (d) Constitution of India – Article 19(1)(g), 21 and 25 – Court should balance the rights guarantee under the two Articles – Right of health, recognised as a facet of Article 21 and a fundamental right and right of the manufacturers and traders under Article 19(1)(g) need to be balanced – at the same time established religious practices also need to be protected under Article 25 – Balancing can be achieved by allowing the practice subject to those conditions which ensure nil or negligible effect on health. (Para 35, 36)
       (e) Environmental law – Banning of firecrackers – Connect between law and economics –Environment protection and right to health vis-à-vis loss of substantial revenue and unemployment to lakhs of persons – Right to life prevails upon economic hardships – Loss of revenue has to be considered in terms of cost of handling health hazards caused by pollution created by firecrackers. (Para 37, 38)
       (2017) 7 SCC 729 – Referred
       (f) Environmental law – Burning of firecrackers during Diwali 2018 – 'Green Crackers' – Directions given – Production and sale of crackers other than 'Green Crackers' banned in Delhi and NCR – Sale and use of joined firecrackers (series crackers or laris) banned – Sale allowed only through licensed traders – Online sale of crackers banned – Use of Barium salts in fireworks also banned – PESO directed to ensure sale of only those crackers having decibel (sound) level within limits and permitted chemicals are allowed in the market – Extensive public awareness campaigns by governments directed – Time limit of 8 pm to 10 pm for fireworks directed to be strictly observed – Government directed to permit community fire-cracking only (for Diwali and other festivals etc. as mentioned above), wherever it can be done – Station House Officer (SHO) of the concerned Police Station of the area shall be held personally liable for violation of these directions. (Para 42)
       Facts of the case:
       Writ Petition (Civil) No. 728 of 2015 was filed on behalf of three infants, by their fathers. Petitioner No.1 and 2, on the date of filing of this writ petition, were six months old and petitioner No.3 was fourteen months old. The fathers are concerned about the health of their children as they feel that due to the alarming degradation of the air quality, leading to severe air pollution in the city of Delhi (where these petitioners reside), the petitioners may encounter various health hazards. Children are much more vulnerable to air pollutants as exposure thereto may affect them in various ways, including aggravation of asthma, coughing, bronchitis, retarded nervous system breakdown and even cognitive impairment. It is emphasised that air pollution hits its nadir during Diwali time because of indiscriminate use of firecrackers, the chemical composition whereof increases harmful particulate matters such as PM2.5 or PM10 at alarming level thereby bringing the situation of ‘emergency’.
       The petitioners have, thus, prayed for direction to the official respondents to take possible measures for checking the pollution by stricking at the causes of the pollution, which includes seasonal crop burning, indiscriminate dumping of dust/malba and other pollutants, etc. The prayer also includes banning the use, in any form, of firecrackers, sparkles and minor explosives, in any form, during festivals or otherwise.
       Finding of the Court:
       Directions issued.

JUDGMENT

A.K. Sikri, J.

Writ Petition (Civil) No. 728 of 2015 was filed on September 24, 2015 on behalf of three infants, who are made petitioners in this writ petition. Petitioner No.1 and 2, on the date of filing of this writ petition, were six months old and petitioner No.3 was fourteen months old. This petition has been filed through their next friends, i.e. their fathers, who are concerned about the health of their children as they feel that due to the alarming degradation of the air quality, leading to severe air pollution in the city of Delhi (where these petitioners reside), the petitioners may encounter various health hazards. Poor, very poor or severe air quality/air pollution affects all citizens, irrespective of their age. However, claim the petitioners, children are much more vulnerable to air pollutants as exposure thereto may affect them in various ways, including aggravation of asthma, coughing, bronchitis, retarded nervous system breakdown and even cognitive impairment. The petition accepts that there are number of reasons which have contributed to poor air quality in Delhi and National Capital Region (for short, ‘NCR’). At the same time, it is emphasised that air pollution hits its nadir during Diwali time because of indiscriminate use of firecrackers, the chemical composition whereof increases harmful particulate matters such as PM2.5 or PM10 at alarming level thereby bringing the situation of ‘emergency’. The petitioners have, thus, prayed for direction to the official respondents to take possible measures for checking the pollution by stricking at the causes of the pollution, which includes seasonal crop burning, indiscriminate dumping of dust/malba and other pollutants, etc. The prayer also includes banning the use, in any form, of firecrackers, sparkles and minor explosives, in any form, during festivals or otherwise.

2. This petition came up for preliminary hearing on October 08, 2015 when notice was issued and the matter was directed to be listed on October 16, 2015 at 2:00 p.m. since the petitioners wanted stay on burning of crackers during Diwali, which was around the corner in that year. When the matter was taken up on October 16, 2015, certain suggestions were made by the learned counsel appearing for the petitioners, which were as under:-

“1. Restrict licenses to low hazard fireworks.
2. Period of grant of license is too early – need not be from 2 days prior to Dussehra.
3. Restrict window for use of fireworks to be from 7:00 p.m. to 9:00 p.m.
4. RWAs to hold community fireworks for a brief period of 30 minutes on a single day.
5. Government be directed to give wide publicity to the ill effects of fireworks and encourage restraint on responsible use.
6. Encourage teachers to tell students not to buy and use fireworks.”

3. Suggestion Nos. 5 and 6 were accepted and the relevant portion of the order that was passed reads as under:-

“In our view for the present, if we accept suggestion Nos. 5 and 6 it will not in any way affect the interest of the respondents.
Shri Ranjit Kumar, learned Solicitor General appearing for the Union of India states that the Union Government has already taken enough and effective steps to give wide publicity to the ill effects of fireworks.
In spite of the submission so made by the learned Solicitor General, we intend to pass the following order:-
“The Union Government and all the State Governments will give wide publicity both in print and Electronic media to the ill effects of fireworks and advise people accordingly.
We also direct the Teachers/Lecturers/Assistant Professors/ Professors of the Schools and Colleges to educate the students about the ill effects of the fireworks.””

4. Thereafter, this petition was taken up along with certain other connected petitions, including Writ Petition (Civil) No. 13029 of 1985 titled ‘M.C. Mehta v. Union of India’ and orders dated December 16, 2015 were passed issuing several directions with a view to reducing the levels of air pollution within the N

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Judicial Analysis

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2018 Supreme(SC) 1067

Cases Referred (4)

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