Green Firecrackers, Religious Freedom and the Right to Health

Context

The Supreme Court expressed concern over repeated violations of its restrictions on firecrackers while examining the relationship between festive celebrations and public health. It directed authorities to demonstrate effective enforcement and supported the adoption of proportionate regulatory measures instead of relying solely on blanket prohibitions.

Key Highlights

• The Court observed that existing judicial directions regulating firecracker use were being widely violated.
• It emphasised that the exercise of religious freedom does not override the responsibility to safeguard public health and fundamental rights.
• The report highlighted the provision of conditional permission for the use of green firecrackers in Delhi NCR during Deepavali celebrations.
• The Court stressed the need for effective monitoring and enforcement against banned firecracker products, traders and illegal supply networks.

Key Concepts

• Green Crackers: These are specially developed firecrackers designed to have comparatively lower emissions and/or reduced sound levels. However, they still release pollutants and are required to comply with authorised standards.
• Polluter Pays Principle: A recognised principle of environmental law under which those responsible for causing pollution must bear the expenses associated with preventing and addressing environmental damage.

Way Forward

• Ensure strict compliance with approved product standards and identify illegal supply chains.
• Promote awareness about the health hazards of firecracker pollution through reliable public communication.
• Encourage cleaner alternatives for festive celebrations and strengthen regular air quality monitoring.