Does the right to clean environment entail legal regulations on burning crackers during Diwali? Discuss in…

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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 Judgements of the Apex Court in this regard.

Ghissu Editorial · Accepted Answer

The right to a clean environment under Article 21 does entail legal regulation of crackers, but through proportionate curbs on timing, noise and chemistry rather than a blanket ban. In Arjun Gopal the Supreme Court allowed only green crackers for two hours on Diwali in 2018.

**Introduction**

Subhash Kumar v State of Bihar (1991) read pollution-free air into Article 21. Crackers add fine particulates, metal salts and noise when smog already chokes north India, so a clean environment entails regulating them, though not necessarily banning them.

**Article 21 and the Apex Court on Crackers**

SKETCH: spectrum | Tools of Cracker Regulation
left: Unregulated bursting
right: Total ban
- Time windows
- Decibel limits
- Green crackers
- Seasonal NCR ban

1. **Noise curfew**: In re Noise Pollution (2005) barred bursting crackers between 10 pm and 6 am, holding that festivity gives no right to impose noise on others.
2. **Children's petition**: In Arjun Gopal, filed in 2015 for three infants, the Court suspended Delhi-NCR sales in 2017 and in 2018 allowed only green crackers for two hours on Diwali.
3. **Toxic chemistry**: In 2021 it clarified there is no total ban, but crackers with barium salts stay prohibited.

**Competing Rights and Limits of Regulation**

1. **Livelihoods**: Sivakasi in Tamil Nadu makes most of India's fireworks, so green formulations from CSIR-NEERI protect workers' Article 19(1)(g) rights better than a ban.
2. **Religious sentiment**: The Court found curbs on timing and composition reasonable under Article 25, observing in 2024 that no religion encourages pollution.
3. **Partial contribution**: Crackers are a short-lived source beside stubble and vehicles, and enforcement by police and pollution boards stays weak.

**Conclusion**

The right to a clean environment does entail regulating crackers, and proportionate curbs on timing, noise and chemistry, rather than a blanket ban, best reconcile health with livelihood and faith. Enforced consistently, they keep Diwali a festival of light, not smog.

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 Judgements of the Apex Court in this regard.

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