QUES . Does the right to clean environment entail legal regulation on burning crackers during Diwali? Discuss in the light of Article 21 of Indian Constitution and Judgement(s) of the Apex court in this regard. UPSC GS MAINS 2015 PAPER 2
HINTS:
The right to life and liberty is guaranteed by Article 21 of the Indian constitution. However, the Supreme Court through its liberal interpretation has widened the scope of the right and held that right to life is not merely subsistence, but a life of dignity and thus various rights have been inferred under Article 21. The right to a clean environment has been one of them.
Must read: Right to Privacy
The pollution produced by the various types of crackers is extremely high, rendering the air unbreathable and the noise levels intolerable. Almost every year, the pollution level in metro cities rises just after Diwali. These areas also have 30% to 40% more cases of wheezing, respiratory diseases, and other illnesses during and after Diwali.
All liberties should be subject to reasonable limitations. The government may take steps to regulate the burning of crackers during Diwali to ensure the fundamental right to a clean environment. However, there is a need to strike a balance between the right to the environment and the right to religious freedom.
Must read: Right of movement and residence
The Supreme Court dismissed a petition in 2015 that sought to impose a blanket ban on the bursting of crackers on Diwali or to designate a specific location for the bursting of crackers as it may be against the right to freedom of religion as burning crackers on Diwali comes under a religious practice. The Article 21 can also be widened to include the right to celebrate hence can violate the fundamental rights.
The burning of crackers is only a two-three day event that contributes only partially to the long-term problem of urban pollution. As a result, rather than focusing solely on cracker bursting, comprehensive measures must be implemented to reduce pollution.
Must read: Right to Equality
A blanket ban on cracker bursting would also be like hurting cultural sentiments, as bursting crackers during Diwali is a century-old tradition.
Bursting crackers is a matter of both individual and religious choice. Worldwide crackers are used to celebrate the new year and Christmas festivals.
There are already restrictions on the types of crackers that can be manufactured and sold. In 2005, the Supreme Court issued a few important guidelines with this regard. These guidelines have not been followed by the authorities.
In this situation, prudence and caution are required, and the best way to proceed is to address the pollution problem holistically. Implementing various guidelines, as well as regulating the bursting of crackers and taking steps to educate people about environmental issues, is a better solution.
