Supreme court enforce to ban firecrackers in Delhi NCR
Introduction
The Supreme Court has instructed Uttar Pradesh, Rajasthan, and Haryana to implement a complete ban on firecrackers in the Delhi-NCR region within a month to address air pollution. Failure to comply could result in contempt proceedings. The ban covers manufacturing, sale, storage, and online delivery of firecrackers. States must also set up a system to address complaints about violations. This decision reflects the court’s focus on enforcing environmental regulations in areas with high pollution levels, showcasing judicial involvement in environmental policy-making, which may be of interest to you given your focus on legislative processes and governance.
The Supreme Court has enforced it under Section 5 of the Environment (Protection) Act, 1986.
Sec 5 of the Environment Protection Act,1986
This section states –
Power to give directions.—Notwithstanding anything contained in any other law but subject to the provisions of this Act, the Central Government may, in the exercise of its powers and performance of its functions under this Act, issue directions in writing to any person, officer or any authority and such person, officer or authority shall be bound to comply with such directions.
Explanation.—For the avoidance of doubts, it is hereby declared that the power to issue directions under this section includes the power to direct—
(a) the closure, prohibition or regulation of any industry, operation or process; or
(b) stoppage or regulation of the supply of electricity or water or any other service
In the language of an ordinary person, it can be understood as Section 5 of the Environment (Protection) Act, 1986 grants the Central Government the authority to issue directions in writing to any person, officer, or authority. These directions must be complied with by the recipients. The power to issue these directions includes the ability to direct the closure, prohibition, or regulation of any industry, operation, or process, as well as the stoppage or regulation of the supply of electricity, water, or any other service.
Taking the full Act in consideration, this Actalso empowers the Central Government to establish regulations concerning the quality standards of air, water, and soil, the permissible levels of environmental pollutants, and the protocols and precautions for managing hazardous substances.
Legislations governing firecracker bans
• Environment Protection Act, 1986 – Empowers the government to regulate activities that harm the environment, including firecracker usage.
• Air (Prevention and Control of Pollution) Act, 1981 – Establishes air quality standards and mandates pollution control measures.
• Noise Pollution (Regulation and Control) Rules, 2000 – Sets permissible noise levels and restricts excessive noise from firecrackers.
• Article 21 of the Indian Constitution – Protects the right to life, which courts have interpreted to include the right to a clean environment.
Criticisms against the ban of firecrackers
The firecracker ban in Delhi-NCR has been criticized by various groups for economic, cultural, and legal reasons. Manufacturers argue that the ban puts livelihoods at risk, especially in Sivakasi, Tamil Nadu, a hub for the firecracker industry. Cultural advocates believe the ban unfairly targets Hindu festivals while other sources of pollution go unchecked. Critics question the ban’s effectiveness, noting that activities like stubble burning, vehicular emissions, and industrial pollution have a greater impact on air quality. Legal experts are concerned about potential violations of Article 19(1)(g), which guarantees the right to practice any profession or trade. The Supreme Court’s inconsistent stance on green crackers has caused confusion among manufacturers and traders. Despite these criticisms, the court is determined to enforce the ban and has warned of contempt proceedings against states that do not comply.
