The Supreme Court on Friday underscored that the right to clean air could not be treated as a privilege reserved for the elite living in Delhi and the National Capital Region (NCR), stressing that citizens across the country have an equal right to a pollution-free environment.
The court questioned why the year-long prohibition on the manufacture, sale, and use of firecrackers was confined only to Delhi-NCR and not applied nationwide.
The remarks came from Chief Justice B R Gavai while hearing a plea challenging the blanket ban on firecrackers in the capital region. Justice K Vinod Chandran was also on the bench. Petitioners argued that restricting fireworks during the high-pollution winter months of October to February might be reasonable, but extending the ban throughout the year was unjustified.
Observing that it was unfair to limit clean air protections only to the capital, the CJI Gavai said, “If citizens in Delhi-NCR are entitled to pollution-free air, why not the rest of the country? Just because it is the national capital and the Supreme Court is situated here?”
Recalling his visit to Amritsar last winter during Gurpurb, he noted, “The air quality there was worse than Delhi. Any policy must apply across India. We cannot grant special treatment to Delhi simply because elite citizens live here. If firecrackers are to be banned, then the ban should be pan-India.”
Additional Solicitor General Aishwarya Bhati, appearing for the Centre, pointed out that the issue did not really affect the elite, who either leave Delhi during peak pollution or rely on air purifiers at home and the workplace.
The bench was hearing submissions from the Federation of Fireworks Traders, which argued that the year-round prohibition in Delhi-NCR threatens the livelihood of nearly five lakh families dependent on the firecracker trade.
“Five lakh families depend on this business. Some solution has to be found. Restrictions between October and February may be justified due to higher pollution levels, but a blanket ban on manufacturing, trading, and selling has devastating consequences,” the Federation submitted.
On October 23, 2024, a bench led by Justice Abhay S Oka (since retired), along with Justice Ahsanuddin Amanullah and Justice Augustine George Masih, held that the right to live in a clean environment was part of the fundamental right to life under Article 21 of the Constitution. At that time, the court criticised the Punjab and Haryana governments for failing to curb stubble burning, which aggravates pollution in Delhi and adjoining areas.
“Time has come to remind the Union (of India) and both states that citizens have a fundamental right to live in a pollution-free environment. These are blatant violations of Article 21. The government must answer how it plans to safeguard citizens’ dignity and their right to clean air,” the bench had said, adding that the litigation was not adversarial but intended to protect fundamental rights.