Supreme Court on Pollution and Health: "No Religion Encourages Activities that Harm Public Health"

Supreme Court on Pollution and Health: "No Religion
Encourages Activities that Harm Public Health"

In a recent hearing addressing rising pollution levels in Delhi, particularly following Diwali celebrations, the Supreme Court of India underscored that the right to live in a pollution-free environment is a fundamental right enshrined under Article 21 of the Indian Constitution. Highlighting that no religious doctrine advocates for activities that compromise public health, the Court questioned the lack of effective enforcement of the firecracker ban in the capital.

Supreme Court’s Emphasis on Public Health Over Festive Pollution

A bench led by Justices Abhay S. Oka and Augustine George Masih reiterated that every citizen has a fundamental right to health and a clean environment, which cannot be compromised by pollution-causing festivities. “No religion encourages any activity that creates pollution or harms health,” remarked the bench, stressing that pollution affects everyone regardless of religious belief and that activities contributing to pollution must be checked.

The bench expressed dissatisfaction over Delhi Police’s failure to enforce the firecracker ban, particularly pointing out that despite a government order issued on October 14, authorities did not take the ban “seriously.” The Court indicated that this failure not only went against the interest of citizens but also violated their right to a healthy environment.

Directions to the Delhi Police for Strict Ban Enforcement

In its response, the Supreme Court issued a series of directives to ensure more stringent adherence to the firecracker ban:

- Immediate Action Required: Delhi Police Commissioner has been directed to inform all licensed firecracker vendors to cease sales and ensure that no license holder engages in manufacturing or selling firecrackers.

- Enforcement on Digital Platforms: The Court ordered the Delhi Police to notify online marketplaces and platforms to stop any sale or delivery of firecrackers within the National Capital Territory (NCT) of Delhi.

- Special Monitoring Cell: To ensure effective compliance, the Delhi Police Commissioner has been asked to establish a special cell focused on implementing the ban, with Station House Officers (SHOs) held accountable for enforcement within their jurisdictions.

Furthermore, the Police Commissioner has been instructed to file a personal affidavit by November 25, detailing the steps taken to enforce this ban.

Expanding the Ban and Accountability for NCR States

Acknowledging the severe impact of pollution across the National Capital Region (NCR), the Supreme Court has urged neighboring states, including Punjab, Haryana, and Uttar Pradesh, to provide an update on measures they have implemented to minimize pollution. The Court’s interest extends to stubble-burning activities, a significant contributor to seasonal pollution, particularly during the winter months when air quality deteriorates drastically.

In its previous hearing, the Court had recommended that the Delhi government explore the possibility of a year-round ban on firecrackers to protect public health. Representing the Delhi government, counsel informed the Court that the decision on a year-long ban would be made in consultation with key stakeholders and is expected to be finalized by November 25.

Taking Stock of Stubble Burning: Reluctance in Punjab and Haryana

As part of the broader case examining pollution in Delhi, the Court also criticized Punjab and Haryana for their reluctance to prosecute farmers involved in stubble burning. Stubble burning, a common agricultural practice, worsens air quality across NCR during autumn, leading to severe respiratory and health issues. The bench has demanded that these states explain their lack of action against violators, stressing that compliance with pollution control regulations is non-negotiable.

The Centre weighed in on the issue, disclosing that it had rejected Punjab’s request for additional funding to assist farmers with purchasing equipment such as tractors to manage crop residue. This decision underscores the urgency for these states to adopt alternative methods for crop residue management.

Balancing Environmental Health with Festivities and Traditions

The Supreme Court’s latest rulings underscore a critical balance between public health and celebratory traditions. The message is clear: festivals and religious activities should not come at the cost of citizens' health and the environment. The apex court’s stance promotes the broader principle that environmental sustainability and public well-being must take precedence, urging authorities to adopt a responsible approach toward pollution control.

Conclusion: Supreme Court’s Call for Action and Accountability

This ruling not only reinforces the right to health and a clean environment as a core constitutional principle but also serves as a reminder to all levels of government, from local law enforcement to state authorities, about the importance of timely and strict enforcement of pollution control measures. The Supreme Court’s directives pave the way for more sustainable practices, calling for accountability and collective responsibility across regions to create a cleaner and healthier environment for all citizens.

As the November 25 deadline approaches, it will be crucial for both Delhi and NCR states to address the Court’s directives, adopt preventive measures against pollution, and implement sustained efforts to curb harmful practices that threaten the health of millions.