‘No Religion Encourages Activities That Promote Pollution’: Supreme Court On Delhi Air Quality
While hearing a case on Delhi air pollution and stubble burning, the Supreme Court today emphasised that Article 21 includes the right to live in a pollution-free environment.
The Supreme Court on Monday said that no religion promotes any activity which promotes pollution or compromises with health of people, and directed all states in the National Capital Region (NCR) to inform it about the steps taken by them to ensure pollution is being at minimal.
The court also said that the order directing the implementation of a ban on firecrackers was not taken seriously by the Delhi Police.
The court’s direction came while it was hearing a matter on the air quality in the National Capital Territory (NCT) of Delhi during Diwali 2024, and instances of stubble burning/farm fires in Punjab and Haryana towards the end of October and the first week of November.
The matter, concerning compliance and other varied issues, was being heard by a bench of Justice Abhay S Oka and Justice Augustine George Masih.
“As regards to the ban on firecrackers, an affidavit has been filed by the special secretary, environment department, the government of NCT of Delhi. He has highlighted the October 14 order of complete firecrackers ban from the mentioned date until January 1, 2025,” the court said in its order.
“As far as the implementation is concerned, the government of Delhi has expressed helplessness as the same has to be implemented by the Delhi Police. ASG Bhati, appearing for the police, submits that the order issuing a ban was passed on October 14. However, we find that the implementation of the said order was not taken seriously by the Delhi Police. No record of this order was being communicated to the ones who sell, and deal with the sale of firecrackers or have a license to do that. The first thing, the Delhi Police should have done is to inform them,” it said.
“We direct the Commissioner of Police, Delhi, to immediately take action of informing all concerned about the said ban and ensure that no license holder sells or manufacturers firecrackers. We direct the commissioner to form a special cell to ensure the effective implementation of a ban on firecrackers.”
“Prima facie we are of the view that no religion promotes any activity which promotes pollution or compromises with health of people. Counsel for the Delhi government appears and submits that they will decide on the aspect of a ‘perpetual ban’ after consulting the stakeholders,” it added.
“We direct the government to decide by November 25. We direct the Police Commissioner to file a personal affidavit putting on record the steps taken by them to enforce the ban. We direct all NCR states to come up before us and inform us about the steps taken by them to ensure pollution is being at minimal,” the top court said in its order.
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