Order on Fireworks breached ‘left and right’: SC  

Why in News?

The Supreme Court of India expressed serious concern over the widespread violation of its directives aimed at curbing air pollution caused by firecrackers during the festive season. The SC emphasised that judicial orders are being breached “left and right,” warning that systemic non-enforcement reduces regulatory directives to a “mockery”.

The Court reiterated that while it seeks a balanced approach rather than a complete blanket ban, the right to religious freedom is structurally subordinate to public health and the protection of fundamental rights.

Core Constitutional and Legal Dimensions:

1. Harmonising Article 21 and Article 25: The legal debate around firecrackers hinges on the intersection of the right to health and the right to practice religion:

• Article 21 (Right to Life and Personal Liberty): The Supreme Court has repeatedly expanded Article 21 to include the right to a clean, healthy, and pollution-free environment (Subhash Kumar v. State of Bihar, 1991). The hazardous Particulate Matter (PM2.5 and PM10) from crackers directly threatens public health.
• Article 25 (Freedom of Conscience and Free Profession, Practice, and Propagation of Religion): Freedom of religion is explicitly subject to public order, morality, and health. The court affirmed that religious sentiments cannot override the collective right to health under Article 21.

2. The Doctrine of Proportionality vs. Absolute Ban: The SC noted that it is not inclined toward a complete, absolute ban on firecrackers due to potential spiralling effects (economic distress to manufacturers, illegal black markets, and severe public backlash). Instead, the Court adheres to the doctrine of proportionality, seeking a middle path via:

• Permitting only verified green firecrackers.
• Restricting the hours of bursting.
• Banning highly toxic chemical formulations (e.g., Barium-based salts).

3. Article 19(1)(g) Occupational Freedom: Manufacturers and traders possess a right to carry on business, subject to reasonable restrictions under Article 19(6)

4. Environmental Responsibilities: 

• Article 48A directs the State to protect the environment
• Article 51A(g) makes environmental protection and compassion for living creatures a fundamental duty.

Key Judicial Precedent:

• Arjun Gopal v. Union of India (2018): The landmark ruling where the Supreme Court banned the sale and use of traditional, toxic firecrackers in Delhi-NCR, allowing only “green crackers” with reduced emissions and decibel levels.

Institutional and Enforcement Gaps:

• Absence of Ground-Level Verification: There is currently no robust, real-time mechanism for field officers to distinguish between spurious, toxic crackers and legitimate green crackers at retail points.
• Executive Hesitation: Enforcement agencies often show reluctance to book criminal cases against ordinary citizens driven by seasonal and celebratory enthusiasm.
• Supply-Driven Violations: Seasonal traders exploit high demand to push unauthorised, highly polluting products into markets to maximise short-term profits.

Way Forward:

• Data-Driven Accountability: As directed by the SC, the state governments and the Commission for Air Quality Management (CAQM) must maintain transparent, quantifiable enforcement data on seizures and retail checks.
• Empowering Statutory Bodies: The Central Pollution Control Board (CPCB) and State Pollution Control Boards (SPCBs) must rapidly deploy portable chemical testing kits to field personnel to identify unauthorised barium compounds.
• Standardised Green Certification: Streamline the CSIR-NEERI certification mechanism for green crackers, embedding secure, tamper-proof QR codes on packaging to prevent counterfeit sales.
• Staggered Public Management: Implement state-regulated community firecracker zones and strict time-window adherence to minimise peak PM concentration spikes.
• Mass Awareness Campaigns: Utilise public icons, sportspersons, and digital influencers to shift the cultural perception of Deepawali back to its traditional roots as a “festival of lights”.

Protecting the right to breathe cannot rely solely on judicial mandates or police crackdowns. It demands statutory transparency, technological verification, and an internal behavioural shift within society to balance cultural expressions with the constitutional right to health.

What are Green Crackers?

Green crackers are low-emission firecrackers developed to reduce air and noise pollution during festivals.

• Conceptualised and developed by the Council of Scientific and Industrial Research (CSIR), primarily led by the National Environmental Engineering Research Institute (NEERI).
• Key Characteristics: They do not contain banned toxic chemicals like Barium Nitrate (which gives a green colour but is highly toxic), lithium, arsenic, lead, or mercury.

Core Differences: Green vs. Traditional Crackers

Practice Prelims MCQ:

Q. Consider the following statements:

1. Freedom of religion under Article 25 is subject to public health.
2. Green crackers eliminate particulate-matter emissions.
3. Article 51A(g) places a duty on citizens to protect and improve the natural environment.

Which of the statements given above are correct?

(a) 1 and 2 only
(b) 1 and 3 only
(c) 2 and 3 only
(d) 1, 2 and 3

Answer: (b)

Explanation: Statement 2 is incorrect: Green crackers reduce emissions; they do not eliminate them.

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