"No religion encourages any activity which creates pollution…”: Supreme Court on Firecracker Ban in Delhi

The Supreme Court on Monday sharply criticized the Delhi Police for their failure to enforce a ban on firecrackers, demanding "immediate action" to stop their sale and use in the city. The court emphasized that no religion encourages activities that contribute to pollution. The justices also questioned why the Delhi government delayed the ban until October 14, given the longstanding issues with air pollution during the festival period.

"No religion encourages any activity which creates pollution. If firecrackers are burst in this fashion... it also affects the fundamental right to health of the citizens,” observed the Apex Court. The court took a stern stance, directing the Delhi government to decide by November 25 on whether to implement a permanent ban on firecrackers. The use of crackers, which leave behind chemical residue, contributes to the toxic smog that blankets the city, severely affecting residents' health.

The bench, consisting of Justices Abhay S Oka and Augustine George Masih, reiterated that the right to live in a pollution-free environment is a fundamental right under Article 21 of the Constitution. "Prima facie, we are of the view that no religion promotes any activity that promotes pollution or compromises with the health of the people," they remarked.

The court ordered the Delhi Police to establish a special cell dedicated to enforcing the firecracker ban, and it directed the Station House Officers (SHOs) to ensure the ban was carried out. The police were further instructed to submit a detailed report on the steps taken to prevent the online sale of firecrackers.

In addition, the court called on the Delhi Police Commissioner to file an affidavit by November 25 outlining whether notices had been issued to firecracker manufacturers about the ban. The court also sought information on actions taken by states in the National Capital Region to tackle air pollution.​