Delhi Air Pollution | Will Take A Call On Banning Firecrackers, Says Supreme Court
The Supreme Court today said that it will take a call on imposing a year-round ban on firecrackers in Delhi NCR on Monday after hearing the Delhi government and NCR states.
“Firecrackers we will take up in December. Because we want to hear from states also on Monday. All NCR states, one of the orders is there on NCR states. We will take a call on banning crackers”, Justice Abhay Oka said.
A bench of Justice Abhay S Oka and Justice Augustine George Masih has earlier expressed dissatisfaction with enforcement of firecracker bans in Delhi, highlighting delayed notifications and inadequate compliance.
The Court had earlier directed the NCR States to respond to the issue of banning the manufacture, storage, and sale of firecrackers and bursting of firecrackers within the limits of NCR States November 25, 2024. On November 4, the Court asked the authorities to take a call on a perpetual ban on firecrackers in Delhi.
On November 11, the Court observed that no religion encouraged activities causing pollution, emphasizing citizens' right to a clean environment under Article 21 of the Constitution. The Court directed the Delhi Police to enforce the ban strictly, set up a special cell for implementation, and hold SHOs accountable.
Today, the Court also proposed to hold detailed, issue-specific hearings on air pollution beginning in January, while addressing emergency concerns in the interim.
The Court observed that broader pollution issues across other cities might also need to be addressed by the Court for comprehensive solutions. “Therefore, we want you to tell us, not immediately, some other cities also. This issue will have to be taken up. And if it is taken up by the Supreme Court, it is always better, because comprehensive orders can be passed,” Justice Oka said to Amicus Curiae Aparajita Singh, noting the absence of data on other polluted cities.
The Amicus Curiae suggested having detailed hearings until January, as emergency situations during December would require immediate attention. She stated, “Throughout December, we will keep grappling with these emergency situations. Let us have regular detailed hearings in January issue-wise.”
Justice Oka outlined the proposed approach, stating, “We are proposing issue-wise hearings, starting from stubble burning, entry of polluting vehicles, and the rest.”
Senior Advocate Menaka Guruswamy raised concerns about prolonged school closures due to pollution, stating, “For eight years, every, every year for two months, schools have been closed. Every year the last eight years.”
Case no. – WP (C) 13029/1985
Case Title – MC Mehta v. Union of India