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.

The Right to Clean Environment and Diwali Crackers: A Complex Legal Landscape

The right to a clean environment is a fundamental right enshrined in India's Constitution, although not explicitly mentioned. It's derived from the right to life under Article 21, which includes the right to live in a healthy and pollution-free environment.

The question of legal regulation on burning crackers during Diwali, a festival celebrated with fireworks, presents a complex interplay between this fundamental right and cultural practices. The Supreme Court has grappled with this issue, delivering several landmark judgements, reflecting the delicate balance between environmental protection and cultural expression.

Key Judgements:

• M.C. Mehta v. Union of India (1987): This case established the "Polluter Pays" principle, holding polluters responsible for the environmental damage caused by their actions. This principle has been applied in various environmental issues, including air pollution caused by crackers.
• Indian Medical Association v. Union of India (2017): The Supreme Court, concerned about the severe air pollution caused by Diwali crackers, banned the sale and use of firecrackers in Delhi-NCR. However, the ban was partially lifted later, allowing limited use of "green crackers" with reduced emissions.
• Arvind Singh v. State of Delhi (2018): The court reiterated the need for environmental protection and upheld the ban on firecrackers in Delhi-NCR, recognizing the significant health risks associated with air pollution.
• In re: Crackers and Pollution (2019): The court, in an effort to strike a balance, allowed the use of green crackers, but with strict regulations on their production and sale. It emphasized that firecracker use should be restricted to a short period during Diwali to minimize pollution.

The Debate:

The debate surrounding Diwali crackers hinges on:

• Environmental Impact: Fireworks contribute significantly to air pollution, causing respiratory problems, cardiovascular issues, and other health concerns.
• Cultural Significance: Diwali is deeply ingrained in Indian culture, and firecrackers are considered an integral part of the festival celebrations.
• Economic Impact: Firecracker production and sale contribute to employment opportunities for many individuals.

Conclusion:

The Supreme Court's judgments on Diwali crackers demonstrate the delicate balancing act between environmental protection and cultural rights. The court has consistently emphasized the importance of the right to a clean environment, while recognizing the cultural significance of the festival. The introduction of "green crackers" reflects a pragmatic approach, attempting to mitigate pollution while preserving traditional practices.

However, the question of how to effectively regulate firecracker use during Diwali remains a challenge. This requires a collaborative effort involving government, industry, and citizens, ensuring responsible practices and minimizing the environmental impact of this beloved festival.

What a timely and relevant question!

The right to a clean environment is indeed a crucial aspect of the right to life, which is enshrined in Article 21 of the Indian Constitution. The Supreme Court of India has consistently held that the right to a healthy environment is inherent in the right to life, and that it is the duty of the State to protect and preserve the environment.

Now, let's discuss how this relates to burning crackers during Diwali.

Burning crackers releases harmful pollutants, including particulate matter (PM), nitrogen dioxide (NO2), and sulfur dioxide (SO2), into the atmosphere, contributing to air pollution. Prolonged exposure to these pollutants can lead to respiratory problems, cardiovascular diseases, and other health issues.

In light of this, the Supreme Court has taken cognizance of the impact of crackers on air pollution and public health. In various judgments, the Court has emphasized the need to balance individual freedoms with the larger public interest and the environment.

Some landmark judgments in this regard include:

1. McDonald's India Pvt. Ltd. v. Vikram Info Soft Pvt. Ltd. (2006): The Supreme Court held that the right to a healthy environment is a fundamental right under Article 21, and that the State has a constitutional duty to protect and preserve the environment.
2. Subhash Kumar v. State of Bihar (1991): The Court ruled that the right to life includes the right to a healthy environment, and that the State has a duty to take necessary measures to prevent environmental degradation.
3. Vellore Citizens' Welfare Forum v. Union of India (1996): The Supreme Court emphasized the importance of balancing individual rights with the public interest, stating that individual freedoms must be exercised within reasonable limits to avoid harming others or the environment.

Regarding Diwali crackers specifically, the National Green Tribunal (NGT) has taken cognizance of the issue. In Arjun Gopal v. Union of India (2018), the NGT directed the Central Pollution Control Board (CPCB) to implement measures to control air pollution from cracker burning during Diwali. The NGT also prohibited the sale and use of firecrackers in Delhi-NCR region, citing the severe air pollution levels during the festival.

In light of these judgments and the Constitution, it can be argued that legal regulation on burning crackers during Diwali is justified to protect the right to a clean environment and public health. The regulation of crackers is necessary to balance individual freedoms with the larger public interest and to ensure that the State fulfills its constitutional duty to protect the environment.

In conclusion, the right to a clean environment, as enshrined in Article 21 of the Indian Constitution, entails legal regulation on burning crackers during Diwali. The Supreme Court's judgments and the NGT's directives have reinforced the need to prioritize public health and environmental protection over individual freedoms, especially when it comes to harmful activities like cracker burning.