No religion encourages pollution: Supreme Court on Diwali firecracker ban violation

No religion encourages any activity which creates pollution, the Supreme Court said on Monday while questioning the authorities for their failure to implement the ban on firecrackers in Delhi during Diwali [In Re: Ban on Firecrackers]..A Bench of Justices Abhay S Oka and Augustine George Masih said the right to live in a pollution free environment is a fundamental right of every citizen under Article 21 of the Constitution of India."Prima facie, we are of the view that no religion encourages any activity which creates pollution. The use of firecrackers also affects the fundamental right to health of the citizens apart from creating noise pollution", the Court said. .The Bench was hearing the case concerning pollution in Delhi and specifically examining the action taken by authorities across Punjab, Haryana and Uttar Pradesh to curb stubble burning incidents.The top court had during the last hearing asked Delhi government and Delhi Police on how the ban on firecrackers to curb pollution was flouted during Diwali celebrations in the national capital. Pertinently, it had asked the Delhi government to consider implementing a perpetual firecracker ban..In response, the Delhi government today said the Court's instruction for perpetual ban will be considered after consultation with various stakeholders.The Court then asked about the stakeholders to be consulted and said a decision must be taken before the new year. "Let your stakeholders come to us. If anybody is claiming right to burn firecrackers under Article 21, let them come to us," it added.In the order, the Court directed the government to take decision by November 25. Meanwhile, the Court also asked other neighboring states to inform it about the steps taken by them to ensure pollution remains at minimal in their areas..On the widespread use of firecrackers in Delhi during recent Diwali, the Court noted that Delhi government has expressed helplessness with the explanation that the ban was to be implemented by Delhi Police.Though the Delhi Police said the order was passed only on October 14, the Court said the implementation was not taken seriously by the Police.The Court reasoned that order imposing ban was not communicated to those who sell, manufacture and deal with sale of firecrackers. Accordingly, the Court directed the Commissioner of Police (CP) Delhi to immediately taken action of informing all concerned about the ban - which is in place till January 1, 2025 and ensure that no license holder sells or manufacturers fire crackers. Further, the Court directed the CP to setup a Special Cell to ensure effective implementation of ban on fire crackers."We direct the Commissioner of the Delhi Police to file his personal affidavit before 25th November 2024, bringing on record the steps taken by the Delhi Police to implement the order imposing a ban on firecrackers," it ordered. Meanwhile, the Court questioned the Delhi government as well for delayed passing of ban order."We wonder why the Delhi Government delayed the promulgation of the order till 14th October, 2024. It is quite possible that by that time, the users who used the firecrackers during the ban period must have acquired the stock of the firecracker.," it said..In October, the Supreme Court had taken a prima facie view that the Union government was not taking any penal action to curb stubble burning.It had directed the Central government to amend the law so as to increase the fines levied on farmers who indulge in the same (which was recently done). Since then, the fines have been increased..Today, Senior Advocate Siddharth Dave appearing for certain farmers said machinery was not being provided for stubble burning. However, the Court said it would not entertain the claim."We will not hear it at all. You say that you will not do anything but do stubble burning because state is not doing anything," it said.Dave said farmers are requesting for machinery and once provided, stubble burning can be stopped. At this, the Court said,"We now understand why you are here. We passed strong orders for prosecuting the violators and therefore you have now come here."Ultimately, the Court said the farmers' intervention application will be listed. .[Read order]