‘No religion encourages pollution… firecrackers affect fundamental right to health,’ says SC on Delhi air quality

The Supreme Court of India on Monday noted that the right to health is a fundamental right of citizens and that no religion encourages pollution. The top court was hearing a case on Delhi's air quality, Live Law reported.

“The right to live in a pollution-free atmosphere 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 the health of the people,” the SC noted.

Further, the SC directed the Delhi Police Commissioner to form a special cell to ensure the effective implementation of the ban on firecrackers, newswire ANI reported. A personal affidavit will be filed, putting on record the steps taken by them to enforce the ban on firecrackers.

Further, all NCR states have been directed to appear before the SC and inform it about the steps they have taken to ensure pollution is minimal.

The Live Law report added that the SC was hearing the MC Mehta case regarding air pollution in Delhi, with a bench comprising Justices Abhay S Oka and Augustine George Masih.

SC Raps Police For Not Fully Imposing Cracker Ban

According to PTI, the SC called police action regarding the comprehensive imposition of the firecracker ban in the national capital as “mere eyewash” and for only seizing raw materials.

The bench thus directed the Delhi police commissioner to immediately inform all the stakeholders concerned about the ban order and ensure no sale and manufacture of crackers.

It also wondered why the Delhi government delayed imposition of the firecracker ban till October 14 and asked the administration to decide before November 25 on a “perpetual” firecracker ban after consulting stakeholders.

Delhi Pollution Under Scrutiny

Earlier on November 6, the Delhi High Court dismmised a public interest litigation (PIL) seeking permission to conduct Chhath Puja rituals on the banks of the Yamuna River, according to an ANI report.

The PIL challenged the public ban on Chhath festivites on the banks of the Yamuna River, which petitioner Purvanchal Nav Nirman Sansthan said was first imposed during the COVID-19 pandemic and re-imposed now, it said.

However, the Delhi HC refused to scrap the ban and citied severe pollution, contamination and toxic foam issues of the Yamuna River, the report added. Led by the Delhi CJI, the HC bench, stressed on health concerns and noted a recent case where someone fell ill and was hospitalised after taking a dip in the polluted river.

(With inputs from Agencies)