Supreme Court Asserts Right to Pollution-Free Atmosphere as Fundamental

The Supreme Court of India reaffirmed every citizen's right to a pollution-free environment under Article 21. Criticizing the Delhi government's lax enforcement of a firecracker ban during Diwali, the court directed immediate compliance and urged strict measures against stubble burning in Punjab and Haryana to combat pollution.

On Monday, the Supreme Court of India underscored the fundamental right of citizens to a pollution-free environment, protected under Article 21 of the Indian Constitution. The court criticized state and local authorities for not effectively implementing the ban on firecrackers, particularly highlighting the lapses observed in Delhi during Diwali.

A bench comprising Justices Abhay S Oka and Augustine George Masih directed the Delhi Police Commissioner to immediately halt the sale and online distribution of firecrackers. The court emphasized that religious practices causing pollution compromise public health, thus infringing upon fundamental rights.

The bench stipulated that the Delhi Police, through a special cell, ensure the year-round enforcement of the firecracker ban. Furthermore, the bench called on Punjab, Haryana, and Uttar Pradesh to intensify efforts against stubble burning, urging them to adhere to established environmental regulations as the central government denied Punjab's request for additional agricultural subsidies.