Supreme Court asks Delhi Govt to decide on year-round firecracker ban

The Supreme Court of India directed the Delhi government to decide on a year-round firecracker ban before November 25. The Delhi government’s counsel informed the court that consultations with relevant departments would occur before finalizing the decision.

The court's bench, including Justices Abhay S. Oka and Augustine George Masih, criticized the Delhi Police for failing to enforce the government's October 14 firecracker ban. The court noted, "Delhi Police did not enforce the restrictions seriously," and ordered the Delhi Police Commissioner to set up a special cell to ensure the ban is implemented.

During the hearing, the Supreme Court emphasized citizens’ right to a pollution-free environment. The bench remarked, “Breathing clean air is a fundamental right,” underscoring the impact of firecracker pollution on public health. The court stated, “No religion encourages pollution.” It asserted that burning firecrackers infringes on the fundamental right to health under Article 21 of the Constitution.

The court expressed strong dissatisfaction with the Delhi Police's handling of the firecracker ban. Despite the Delhi government's order to halt firecracker sales, the police failed to enforce it. "The police did not take the ban order seriously," The court directed the Delhi Police to immediately inform all license holders and online vendors to stop the sale and delivery of firecrackers within Delhi.

To strengthen enforcement, the court instructed the Delhi Police Commissioner to ensure all Station House Officers (SHOs) of local police stations are responsible for the ban's implementation. The court also called for a personal affidavit from the Police Commissioner by November 25, detailing the steps taken to enforce the ban.

Besides Delhi, the Supreme Court focused on air pollution in the National Capital Region (NCR). The bench directed all NCR states, including Punjab, Haryana, and Uttar Pradesh, to present their plans to reduce pollution, particularly from stubble burning, which contributes to air quality deterioration.

The court's frustration with the inadequate enforcement of the firecracker ban was evident. Despite the Delhi government's order, firecrackers were still set off in Delhi, pushing the Air Quality Index (AQI) to hazardous levels. On October 31, the AQI in Delhi surged above 400, which the court condemned as evidence of the failure to uphold the ban.

The Supreme Court’s latest directives indicate growing concern over the violation of firecracker bans during Diwali. The court had previously expressed concern over the Diwali firecracker ban violation, asking the Delhi government to consider a permanent firecracker ban to prevent further damage to public health and the environment.

The Delhi government’s year-round ban decision will determine the future of firecracker restrictions in the city. The court stated, “The right to live in a pollution-free atmosphere is a fundamental right of every citizen.”

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