Q.Does the right to clean environment entail legal regulation on burning crackers during Diwali? Discuss in the light of Article 21 of Indian Constitution and judgements of the apex in this regard.

graph TD
    A["Evolution of Fundamental Rights under Article 21"]
    A --> B["1978: Maneka Gandhi v. Union of India (Expansion of Article 21)"]
    A --> C["1985: Olga Tellis v. Bombay Municipal Corporation (Right to Livelihood)"]
    A --> D["1991: Subhash Kumar v. State of Bihar (Right to Clean Environment)"]
    A --> E["2017: K.S. Puttaswamy v. Union of India (Right to Privacy)"]
    A --> F["2018: Common Cause v. Union of India (Right to Die with Dignity)"]

Body

Right to Clean Environment and Regulation of Firecrackers: Article 21 and Supreme Court Judgements

The right to a clean environment has been recognized as a part of the right to life under Article 21 of the Indian Constitution. The Supreme Court has consistently emphasized that this right includes the protection from harmful environmental pollution, leading to regulations on burning firecrackers during Diwali. Here's how Article 21 and key judicial rulings shape this issue:

• Article 21: Right to Life and Health
  • Article 21 guarantees the right to life, which includes the right to clean air and a pollution-free environment.
  • Judgment: In Subhash Kumar v. State of Bihar (1991), the Supreme Court expanded the interpretation of Article 21 to include environmental health.
• Health Impact of Firecrackers
  • Firecrackers release harmful pollutants like PM2.5, SO2, and NOx, contributing to severe air pollution and respiratory diseases.
  • Data: CPCB reported a 30-50% rise in air pollution levels during Diwali, especially in Delhi, exacerbating public health risks.
• Supreme Court Judgements on Firecrackers
  • Arjun Gopal v. Union of India (2018):
    • Imposed restrictions on bursting crackers, allowing only green crackers with reduced emissions and set specific time limits (8 PM to 10 PM).
    • Emphasis: Public health and the right to clean air under Article 21 supersede the right to unrestricted celebration.
  • Noise Pollution (V) v. Forum, Prevention of Environment & Sound Pollution (2005):
    • Restricted firecrackers exceeding noise limits, ensuring protection against harmful noise pollution during festivities.
• Green Crackers Initiative
  • Following Supreme Court directives, the Ministry of Environment promoted the use of green crackers, which emit 30-35% fewer pollutants.
  • This initiative reflects a legal response to mitigating air pollution without completely banning cultural practices.
• Environmental Laws Supporting Regulation
  • The Environment Protection Act, 1986 and the Air (Prevention and Control of Pollution) Act, 1981 empower the government to regulate activities causing environmental harm, including firecrackers.
• Reasonable Restrictions on Religious Practices
  • Article 25 (right to religion) is subject to reasonable restrictions in the interest of public health and safety.
  • Judgment: The Supreme Court has reiterated in several cases, including M.C. Mehta v. Union of India (1996), that public health takes precedence over individual rights to celebration.
• Preventive Measures for Air Quality
  • In highly polluted regions, temporary bans on crackers have been enforced, especially during seasons when air quality is critically low, as seen in Delhi-NCR under the Graded Response Action Plan (GRAP).
• Judicial Approach: Balancing Rights
  • The Supreme Court seeks to balance the right to religious practice and the right to clean air. It mandates regulatory measures like time restrictions and promotion of cleaner alternatives (green crackers) to uphold both rights responsibly.