The Supreme Court on Monday emphasised the need to balance public health concerns with religious sentiments while considering restrictions on firecrackers in Delhi-NCR, urging people to voluntarily adopt safer practices to combat air pollution.
A Bench comprising Chief Justice of India (CJI) Surya Kant, Justice Joymalya Bagchi and Justice V Mohana said it was not inclined to pass restrictive orders without ensuring their effective implementation.
Emphasizing the need for a balanced and non-coercive approach, CJI stated that while religious sentiments must be respected, citizens should voluntarily come forward to adopt safer and more conscious practices.
The Court was hearing suo motu proceedings concerning air pollution in Delhi-NCR, including firecracker emissions, stubble burning and solid waste management.
During the proceedings, Justice Bagchi questioned the connection between religious traditions and the bursting of firecrackers, asking what religious basis such practices actually had.
The amicus curiae highlighted the health hazards caused by air pollution, particularly for children, elderly people and those suffering from illnesses. He also cautioned that restrictions on firecrackers would remain ineffective without proper enforcement, as police personnel could not monitor every street.
The amicus suggested that the issue be referred to the Commission for Air Quality Management (CAQM) for consideration of the available material and medical concerns.
CJI Kant cautioned that restrictive orders should not be passed unless they could be effectively implemented. He urged a practical approach, suggesting that people be encouraged to celebrate within designated hours, as done previously.
The Chief Justice also called for greater public awareness about the harmful effects of firecrackers and suggested restricting highly polluting varieties while promoting less harmful alternatives.
Stressing the need for public education, CJI Kant emphasized building awareness around the varying toxicity levels of firecrackers while encouraging a return to traditional celebrations involving only lamps and sparklers.
The Court also discussed measures to prevent stubble burning ahead of the upcoming pollution season.
Justice Bagchi referred to proposals by States to purchase crop residue and explore its commercial utilisation. CJI Kant observed that crop residue had become commercially viable and could provide financial benefits to farmers, emphasising the need to develop a market for it.
Additional Solicitor General Aishwarya Bhati informed the Court that policies were in place for both in-situ and ex-situ management of crop residue. She said the Union government would file an updated affidavit detailing measures already implemented, preventive steps and future plans to address air pollution.
The amicus acknowledged the Centre’s existing schemes and financial incentives to tackle stubble burning.
The matter will be heard next on October 15.
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