Firecrackers: Festivity or fallout?

Why in the News

Firecracker control in Delhi and the National Capital Region (Delhi-NCR) is moving from a choice between a blanket ban and unrestricted use to the question of proportionate regulation. At its suo motu hearing on air pollution, the Supreme Court cautioned against a blanket ban and stressed public awareness, voluntary restraint and less-polluting alternatives. The case tests how environmental protection can be reconciled with religious freedom without compromising public health or lawful cultural practice.

What does the Constitution say about clean air?

1. Right to a healthy life: Article 21 protects life and personal liberty, except according to procedure established by law. The Supreme Court reads the right to life as including the right to a healthy life.
2. Article 48A: This Directive Principle of State Policy directs the State to protect and improve the environment and to safeguard forests and wildlife.
3. Article 51A(g): This Fundamental Duty makes environmental protection a duty of every citizen.
4. The takeaway: Clean air rests on a right, a direction to the State and a duty on citizens, so firecracker use is a constitutional question and not only a festive one.

Does religious freedom protect firecracker use?

1. Article 25: This Fundamental Right guarantees every person freedom of conscience and the right to profess, practise and propagate religion. The right is subject to public order, morality and health, among other limits.
2. No automatic licence: Religious freedom and the freedom to celebrate do not permit exposing others to unreasonable risks to their health.
3. Balancing, not opposing: The task is not to set celebration against clean air. It is to ensure that one person’s freedom does not reduce another’s ability to live in a healthy environment.
4. Global recognition: The Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR) also recognise religious freedom.

What do other countries show about regulating rather than banning?

1. Singapore: It bans private firecracker use and permits only licensed professional fireworks displays.
2. Ireland and the United Kingdom: Both prohibit the sale of traditional firecrackers to the general public.
3. Sweden: It prohibits firecracker use except by trained individuals holding special permits.
4. Germany: Its explosives regulations restrict certain powerful firecrackers to authorised permit holders.

Challenges

1. Ban enforcement: The Supreme Court cited the difficulty of enforcing a blanket ban, which is why it cautioned against one.
2. Unaddressed medical risks: The amicus curiae, a senior advocate assisting the Court, urged that the Commission for Air Quality Management (CAQM), Delhi-NCR’s statutory air quality body, address air pollution’s medical risks.
3. Reliance on voluntary restraint: The Court’s stress on awareness and restraint leaves pollution control during festivals largely to individual choice.

Way Forward

1. Certified green crackers: Scientifically assess alternatives and allow only certified green crackers, applying the precautionary principle (early action against serious environmental risk even without full scientific certainty).
2. Emission and safety standards: Enforce emission and safety standards on every firecracker sold.
3. Supply chain accountability: Hold manufacturers and sellers accountable for violations, applying the polluter-pays principle (the polluter bears the cost of pollution, Rio Declaration, 1992).
4. Proportionate restrictions: Keep restrictions proportionate and implement them effectively, with citizens exercising their freedoms with due regard for public health.

Conclusion

Firecracker regulation now turns on proportionality rather than on a choice between prohibition and free use. The unresolved test is whether certified alternatives and enforced standards can protect public health in Delhi-NCR without a ban.

Government Initiatives to Control Air Pollution

1. National Clean Air Programme (NCAP): It funds city-specific clean air plans across 130 cities, with funding linked to performance.
2. Graded Response Action Plan (GRAP): This emergency protocol triggers curbs on construction, traffic and industry in Delhi-NCR as the Air Quality Index (AQI) worsens.
3. Swachh Vayu Sarvekshan: It ranks the 130 NCAP cities on air quality every year.

Matching Previous Year Question

“[2015, GS2, 12 marks] 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.”