Does the right to clean environment entail legal regulations on burning crackers during Diwali? Discuss in the light of Article 21 of the Indian Constitution and Judgement(s) of the Apex Court in this regard.

Introduction

The right to a clean and healthy environment is an integral part of the Right to Life under Article 21 of the Indian Constitution. The Supreme Court of India, through various judgments, has emphasized the need to balance environmental protection with cultural and religious practices. The issue of burning crackers during Diwali has been a contentious one, as it raises concerns about air pollution, public health, and the constitutional mandate to ensure a sustainable environment.

Key Dimensions at a Glance

Right to Clean Environment under Article 21

• Article 21: The Supreme Court has interpreted the Right to Life to include the right to a clean and healthy environment (e.g., Subhash Kumar v. State of Bihar, 1991). This implies that activities causing severe environmental degradation, such as excessive burning of crackers, can be regulated.

• Environmental Impact of Crackers:

  • Release of toxic gases like sulfur dioxide and nitrogen oxides.
  • Contribution to PM2.5 levels, leading to severe air pollution.
  • Harm to vulnerable groups such as children, the elderly, and those with respiratory ailments.

• Public Health Concerns: The World Health Organization (WHO) links air pollution to millions of premature deaths annually. Crackers exacerbate this issue, especially in urban areas.

Judicial Interpretations on Burning Crackers

Key Judgments by the Supreme Court

1. Arjun Gopal v. Union of India (2017):

   • The Court imposed a ban on the sale of conventional firecrackers in Delhi-NCR to curb air pollution.
   • It emphasized the need to protect the right to health under Article 21.

2. Arjun Gopal v. Union of India (2018):

   • Allowed the use of green crackers with reduced emissions.
   • Directed the regulation of timings for bursting crackers (e.g., 8 PM to 10 PM during Diwali).
   • Highlighted the importance of balancing environmental concerns with religious practices.

3. Noise Pollution (Vigilance Forum) v. Union of India (2005):

   • The Court restricted the use of loud crackers during night hours to prevent noise pollution, which also falls under the ambit of Article 21.

Balancing Rights: Culture vs Environment

• Cultural Significance: Diwali is a festival deeply rooted in Indian traditions, and bursting crackers is seen as a form of celebration.
• Environmental Responsibility: The Court has consistently held that cultural practices cannot override fundamental rights, especially when they harm public health and the environment.

Legal Regulations on Burning Crackers

• Environmental Protection Act, 1986: Provides the legal framework to regulate activities causing environmental harm, including the use of crackers.
• National Green Tribunal (NGT): Has issued directives to ban crackers in areas with poor air quality.
• State-Level Regulations: Many states have imposed restrictions on the sale and use of crackers, especially during periods of high pollution.

Way Forward

• Promotion of Green Crackers: Encourage the use of eco-friendly alternatives with reduced emissions.
• Public Awareness Campaigns: Educate citizens about the health and environmental impacts of crackers.
• Strict Enforcement: Ensure compliance with judicial directives and environmental laws.
• Technological Innovations: Invest in research to develop sustainable celebratory practices.

Conclusion

The right to a clean environment, as enshrined under Article 21, necessitates legal regulations on activities like burning crackers that harm public health and the environment. While respecting cultural traditions, it is imperative to adopt sustainable practices that align with the constitutional mandate of environmental protection. As the Supreme Court has emphasized, the right to life and health must take precedence over practices that jeopardize the well-being of society.