CJI Surya Kant-led Bench urges Delhi authorities to involve local councillors in spreading awareness ahead of Diwali; cautions that repeated judicial directions may lead to increased violations.
The Supreme Court on Friday, November 6, emphasised that efforts to curb air pollution during Diwali and other festivals must evolve into a community-driven initiative, observing that the responsibility of ensuring cleaner celebrations cannot rest exclusively with the judiciary or law enforcement agencies.
Stressing the need for greater public participation, the Court called upon the Delhi government and other authorities to actively involve local municipal councillors in persuading residents to refrain from bursting polluting firecrackers during the upcoming Diwali celebrations.
A Bench headed by Chief Justice of India Surya Kant, along with Justices Joymalya Bagchi and V. Mohana, observed that an excessive reliance on judicial intervention could prove counterproductive, with repeated directions potentially resulting in greater instances of non-compliance.
“The more orders the Court passes, the more violations there may be. That is the tendency. Involve local councillors. Ask them to appeal to people to ensure that their Diwali celebrations do not contribute to pollution. It should become a people’s movement,” the Chief Justice remarked.
The observations came during proceedings in the suo motu matter titled In Re: Curbing Air Pollution in the National Capital Region – Regulatory and Policy Framework, Air Quality Governance and Other Ancillary Issues, which concerns the continuing deterioration of air quality in Delhi-NCR ahead of the winter season.
During the hearing, Senior Advocate Aparajita Singh, assisting the Court as Amicus Curiae, highlighted the practical limitations of enforcing restrictions on firecracker use through physical policing.
She pointed out that authorities cannot realistically deploy police personnel at every residential premises to ensure compliance with restrictions.
The Amicus also flagged instances of alleged misuse of the limited permissions granted for green firecrackers. According to her submissions, certain vendors were displaying green-labelled boxes at their kiosks while allegedly keeping prohibited conventional firecrackers concealed inside their shops.
The concern assumes significance in view of the difficulty in distinguishing genuine green crackers from prohibited products without proper verification and enforcement.
Singh also drew the Court’s attention to the adverse impact of air pollution on children’s respiratory health.
In this regard, she referred to a 2012 study conducted by the Central Pollution Control Board (CPCB), titled Study on Ambient Air Quality, Respiratory Symptoms and Lung Function of Children in Delhi.
The study reportedly found that 43.5 per cent of schoolchildren in Delhi had reduced lung function compared with children living outside the national capital.
The submission highlighted the disproportionate health risks that deteriorating air quality poses to children and other vulnerable sections of the population.
During the proceedings, a lawyer appearing in the matter also suggested changes to the existing Graded Response Action Plan (GRAP), particularly concerning restrictions affecting schools.
The suggestion was that school-related restrictions should be treated independently and that protective interventions should be triggered at earlier stages of deteriorating air quality rather than waiting for pollution levels to reach more severe categories.
The proposal sought a more preventive approach to safeguarding children from the adverse consequences of air pollution.
Additional Solicitor General Aishwarya Bhati, appearing for the government, supported the need for enhanced public-awareness initiatives.
She also placed before the Bench a sector-wise compliance chart compiled from the NCR States, covering measures undertaken to address different sources of pollution.
The chart dealt with issues including construction dust, municipal solid waste burning, vehicular emissions and industrial pollution.
The Amicus further submitted that State authorities frequently demonstrate greater urgency in implementing pollution-control measures when the Supreme Court specifically seeks compliance reports or summons senior government officials.
She informed the Bench that comprehensive notes dealing separately with airshed management, vehicular pollution and industrial emissions had been finalised for consideration during a detailed hearing.
Taking the status reports and compliance charts on record, the Bench indicated that it would issue formal directions requiring the concerned authorities to furnish updates on the implementation of pollution-control measures.
The matter is expected to be taken up for detailed consideration immediately after the upcoming Diwali vacation.
The Court’s observations underscore the need to move beyond periodic judicial directions towards sustained administrative enforcement and public participation in addressing Delhi-NCR’s recurring air pollution crisis.
The post Supreme Court calls for people’s movement against firecracker pollution, says judicial orders alone cannot ensure compliance appeared first on India Legal.