Supreme Court Judgment On Firecrackers

A bench made up of Justices A S Bopanna and M M Sundresh explained while deliberating over an application in which the Rajasthan government was asked to follow the Supreme Court's ruling regarding barium crackers and reduce noise and air pollution.

Since this Court has previously made several decisions during the petition hearing process outlining suggested activities to prevent and reduce noise pollution and air pollution, no specific ruling will be needed at this time. Therefore, the aforementioned directives shall apply to all states in the nation, including Rajasthan, said a bench composed of Justices A S Bopanna and M M Sundresh in their ruling.

As a result, we clearly announce that the state of Rajasthan will also take note of this and take all necessary action to reduce noise and air pollution, both during and after the festival season," the statement continued.

Background:

Arjun Gopal v. Union of India (2016) 1 SCC 412]

The Supreme Court in this case cited multiple papers that documented Delhi's air quality after Diwali. During the night of Diwali in 2015, there was a rise in air pollution and a decline in air quality in over eight states, according to the Central Pollution Control Board (CPCB), which measures the National Air Quality Index. A report released by AIIMS Delhi reported a rise in the number of patients presenting with complaints of dyspnea, cough, and chest pain. It was discovered that the quick exposure of the body to poisonous chemicals emitted by firecrackers was the cause of this. Given these findings, the Supreme Court outlawed the selling of firecrackers in the Delhi and National Capital Region. Additionally, the Court prohibited the manufacture, sale, or storage of firecrackers in residential buildings, factories, or retail establishments. Additionally, the Court prohibited the granting of new licenses to companies engaged in the manufacture and sale of firecrackers.

Arjun Gopal v. Union of India, [(2017) 16 SCC 280]

The right to health, guaranteed by Article 21 of the Constitution, must take precedence over the financial interests of companies that produce and market firecrackers, the Supreme Court noted, taking note of the aforementioned concerns. It did, however, also point out that it would not be just to outright prohibit it. Given this, the Supreme Court decided to overturn its general ban on the selling of firecrackers and allowed them to be set off at certain locations. Additionally, it instructed the relevant authorities to grant licenses to half of the companies involved in this activity.

Arjun Gopal v. Union of India, [(2019) 13 SCC 523]

In this instance, the Court resolved the dispute about the firecracker prohibition in the end. It gave a thorough ruling, considering its earlier directives in this area, and imposed other rules about the usage and sale of firecrackers.

Gautam Roy v. State of West Bengal, 2020

The state's High Court may be thought to be a more accurate judge of the conditions and events taking place in the state, according to the Supreme Court. While it is everyone's right to celebrate religious holidays, it is crucial that this right not be used in a way that violates citizens' basic rights. The freedom to celebrate religious holidays must yield to the right to life and the right to a healthy environment during this COVID-19 pandemic. Thus, to safeguard the lives of hospital patients as well as other older individuals who may be more vulnerable to the negative impacts of the pollution rise, the Supreme Court confirmed the High Court's judgment.

Goutom Roy vs State of West Bengal, 2021

The Court concluded that only those firecrackers that endanger the environment or the health of the public particularly the elderly and young people can be outlawed. A general ban on firecrackers is not feasible. The Supreme Court also ordered the pollution control agencies to monitor the firecracker market and make sure that no chemical firecrackers are being distributed as "green" firecrackers. It further said that citizens' rights to their health could not be violated because of festival celebrations. The High Court's judgment, which prohibited the import of firecrackers, was partially maintained by the Supreme Court.

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