Stating that the right to live in a pollution free atmosphere is a fundamental right of every citizen under Article 21 of the Constitution, the Supreme Court on Monday said that no religion encourages any activity which creates pollution.
Questioning the authorities for their failure to implement the ban on firecrackers in Delhi during Diwali, a bench of Justice Abhay S Oka and Justice Augustine George Masih further said that if firecrackers are burnt in this fashion, it also affects the fundamental right to health of the citizens.
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“The right to live in a pollution-free atmosphere is a fundamental right of every citizen which is protected by Article 21 of the Constitution of India. Prima facie we are of the view that no religion encourages any activity that creates pollution or compromises with health of people. If firecrackers are burnt in this fashion, it also affects the fundamental right to health of the citizens,” said the bench, taking a dim view of the authorities not enforcing the ban on bursting of firecrackers.
The bench also expressed dissatisfaction over the manner in which the ban on fire-crackers by the Delhi government on October 14 was not taken “seriously” by the Delhi Police.
The Delhi Police ought to have informed all licence holders to forthwith stop the sale of firecrackers, the bench said.
The bench directed the Delhi Police Commissioner to immediately take action to inform all concerned people about the order of the top court on the ban of firecrackers and ensure that no license holder sells or manufactures firecrackers.
“Delhi Police must immediately inform those entities that sell firecrackers online marketing platforms to stop sale and delivery of firecrackers within the limits of National Capital Territory of Delhi,” the court ordered.
The top court also directed the Delhi Police Commissioner to form a special cell to ensure effective implementation of the ban on firecrackers and hold SHOs of all local police stations responsible for enforcing the ban throughout the year.
The bench further directed the Delhi Police Commissioner to file a personal affidavit before November 25 putting on record the steps taken by them to enforce the fire-crackers ban.
Posting the matter for further hearing on November 25, the bench directed all the States in the National Capital Region (NCR) to inform the court about the steps taken by them to ensure pollution is minimal.
The advocate appearing for the Delhi government stated that the government will take a decision on extending the ban throughout the year after consulting all stakeholders.
The top court was hearing the matter relating to the pollution in Delhi and examining the action taken by authorities across Punjab, Haryana and Uttar Pradesh to curb stubble burning incidents.
On the last date of hearing, the top court had asked Delhi government and Delhi Police on how the ban on fire crackers to curb pollution was flouted during Diwali celebrations in the national capital and had asked the Delhi government to consider implementing a perpetual firecracker ban.
Today, the bench also took critical note that the governments in Punjab and Haryana are reluctant to act against farmers who resort to stubble burning.
The States must explain the non-prosecution of farmers accused of stubble burning, it said while directing strict compliance of the rules in this regard.
The Centre today told the bench that it had rejected Punjab government’s demand for funds for tractor and other material for farmers to tackle stubble burning.
