GS Question

The right to clean environment, as an integral part of the right to life, is enshrined in Article 21 of the Indian Constitution. This right implies a duty upon the state to protect and improve the environment for the well-being of its citizens. In the context of burning crackers during Diwali, the question arises whether legal regulation is warranted to prevent or regulate this activity in order to safeguard the right to a clean environment.

The Supreme Court of India has addressed this issue in various judgments. In 2018, the apex court imposed restrictions on the use of firecrackers during Diwali in an attempt to curb air pollution. The court recognized that bursting of crackers contributes to air and noise pollution, which can have adverse effects on public health, particularly on vulnerable sections of society. The objective was to strike a balance between cultural practices and the constitutional right to a clean environment.

In its judgment, the court allowed only the sale and use of "green" firecrackers that have reduced emission levels, lower decibel levels, and limited time frame for use. The court also restricted the use of firecrackers to certain hours during festivals. These regulations were aimed at minimizing the environmental impact of firecrackers while preserving cultural practices associated with Diwali.

The court's approach in this case demonstrates a recognition that the right to a clean environment can be restricted to some extent to accommodate societal and cultural practices. However, the restrictions imposed were considered necessary to protect the fundamental right to life of individuals, as excessive air and noise pollution can have detrimental effects on human health and well-being.

It is important to note that the right to a clean environment is not an absolute right, and its exercise can be subject to reasonable restrictions. The Supreme Court's judgments on regulating firecrackers during Diwali exemplify this approach, as they impose limitations on the time, type, and intensity of firecrackers that can be used. These restrictions are aimed at minimizing the harmful effects of firecrackers on the environment and public health, without completely banning their use.

In conclusion, the right to a clean environment under Article 21 of the Indian Constitution forms the basis for legal regulation on burning crackers during Diwali. The apex court has recognized the need to balance cultural practices with environmental concerns, and has imposed restrictions on the use of firecrackers during festivals to protect public health. These regulations demonstrate the state's duty to safeguard the right to life and provide a clean and healthy environment for its citizens.