Diwali a festival of lights, Firecrackers not necessary to bring people together, AK Sikri J.

The question of striking a balance between Right to life which includes a right to clean air, and the right to carry on a trade or profession was highlighted before the Supreme Court today in the matter relating to the ban on firecrackers..The Bench of Justices AK Sikri and Ashok Bhushan was hearing the petition seeking a ban on firecrackers when the question about conflicting rights of the citizens to clean air and the right of the firecracker manufacturers to carry on their trade, came up..Senior Advocate Aryama Sundaram, appearing for the Association of Sivakasi Firecrackers manufacturers submitted that firecrackers alone were not the sole reason for rising pollution levels though it was one of the contributing factors..Arguing that a complete ban on firecrackers will affect the firecracker industry adversely, Sundaram argued that while pollution has reached intense levels, not everything that adds to it can be banned..“We can’t say ban all construction work or ban all vehicles because of the pollution, everything needs regulation. The question is whether an entire industry can be shut down citing air pollution while other industries are allowed to continue functioning.”.It was argued by Sundaram that as we approach November, other factors like stubble burning also contribute to the spike in air pollution..Senior Counsel Mohan Parasaran, also appearing for the Respondents, said that Firecrackers during Diwali bring people together in celebration to which Justice Sikri, replied in lighter vein,.“Diwali is a festival of lights…Firecrackers are not necessary to bring people together. People can be brought together by distributing and sharing sweets also.”.During the previous hearing in the case on August 1, Advocate Gopal Sankaranarayanan, batting for a ban on crackers, had told the Court that the air pollution levels, specifically during days of Diwali were unimaginably high and posed a very severe threat to the health of the citizens..Justice Sikri had observed that this matter posed two larger questions before the Court,.“One, If we should have an ad-hoc approach by considering just one aspect of air pollution which is firecrackers or take up a holistic approach; And Two, Right of the people to celebrate Diwali.”.The Court will continue hearing the case on Tuesday, August 14.