No religion promotes pollution, says Supreme Court; questions total firecracker ban
New Delhi, October 29
The Supreme Court on Friday questioned the need for a total ban on firecrackers, saying no religion promotes pollution and sought the Centre's response on the issue by November 11.
A bench headed by Justice M R Shah said, "No religion promotes pollution. Every religion promotes good health. We have not come across any religious text promote pollution. Rather, all religions promote good health. The question is whether the use of firecrackers is an essential part of a religious practice, that too in such a large scale that affects the health of citizens at large.
The top court said that right to health is very much part of the right to life under Article 21 of the Constitution and directed the Centre to file a comprehensive affidavit and explain as to how the use of firecrackers is an integral part of religious practices.
"Firecrackers are not banned in other countries like China, Japan, and the US. In the UK, the sale and use of fireworks are permitted only on certain days. In our country too, there is already a ban on the sale of certain categories of firecrackers. The question is whether complete ban is necessary or not," the bench said.
The court was hearing a plea filed by Tamil Nadu Fireworks and Amorces Manufacturers' Association challenging the National Green Tribunal (NGT) order of a complete ban on the sale and use of firecrackers in the country.
The NGT had in September last year imposed a total ban on the sale and use of all kinds of firecrackers across the country, including on Diwali and other festivals, saying the use and bursting of crackers cause air pollution, sound pollution and environmental hazards.
The apex court had earlier stayed the NGT order and allowed the manufacture and sale of firecrackers with reduced emission and low decibel levels.
During the hearing on Friday, the bench said that the Centre should file a comprehensive affidavit and explain as to how the use of firecrackers is an integral part of religious practices.
The court also asked the Centre to consider framing guidelines to regulate the use of firecrackers during festivals.
The next hearing in the case will be on November 11.
