Abstract
The prohibition on firecrackers has arisen as a critical tool to address growing environmental concerns while upholding constitutional norms, reflecting the worldwide drive for sustainable practices. The constitutional provisions that protect citizens’ right to a healthy environment are in line with the ban on firecrackers. Globally, courts have acknowledged the basic right to an environment free from pollution as an essential component of the right to life and a shared obligation. These fundamental objectives are upheld by the firecracker ban, which emphasizes the government’s obligation to protect public health and environmental integrity. Hindus have practiced it constantly for all of recorded time, and under Article 25 of the constitution, it is protected as a fundamental right and a key religious practice. However, the use of firecrackers violates a number of constitutional provisions, including the right to live in a clean, noise-free environment as guaranteed by Article 21 of the document. Environmental protection is not just the state’s responsibility; it is also the citizens. The numerous ramifications of the firecracker ban are examined in this abstract, with a focus on how it affects the environment and constitutional laws.
Keywords
Judiciary, Constitutional laws, fundamental rights, environmental laws, NCT, air pollution, pollution control.
Introduction
The problem started when the Supreme Court prohibited firecrackers and declined to lift the ban in Delhi due to the pollution caused by the festival of Diwali on October 24. Even green crackers had been prohibited from burning, and RSS affiliate Swadeshi Jagran Manch went so far as to claim that illegally imported firecrackers from China, not Indian green crackers, were the main cause of pollution and warned of the loss of livelihoods. Many referred to this ban as unscientific and a move intended to offend people. Millions of workers and others involved in the nation’s production and sale of firecrackers lost their jobs as a result of this prohibition. Many of the firecracker-selling stalls that were originally set up in Delhi, Noida, and Ghaziabad were empty. Some claim that the inability of government agencies to address the issue of stubble burning in Delhi, Punjab, and Haryana, among other regions of the nation, is to blame. In the national capital and the neighboring northern states, stubble burning continues to be the largest cause of air pollution. In honor of Deepawali, the appropriate authorities are attempting to mislead the public by outlawing firecrackers, thereby distracting attention from their inability to address the problem of stubble burning.
In Tamil Nadu (Sivakasi), West Bengal and many other parts of the country, livelihoods of more than one million people depend on the firecracker industry. Throughout the year, these people
wait for Deepawali to sell their firecrackers and by such attempts made by the courts as well as the government their livelihood comes in danger and they also get demotivated resulting in a feeling of dissatisfaction towards the government and the system.
Banning of firecrackers by the government was regarded as a violation of constitutional rights of the citizens. There was a clash seen between the constitutional laws and rights and the environmental laws. Also, the majority of people from Hindu community protested against the order and revealed the injustice faced due to the court’s order.
Research Methodology
The interplay between constitutional and environmental laws in the context of a firecrackers ban was a multifaceted subject which was studied by combining various laws and principles. This paper is explanatory in nature which explains in detail about the impact of firecrackers ban and how it is concerned with the environmental and constitutional laws. The information was gathered from various sources mostly which included blogs, official notices, news, and views of imminent journalists, advocates and people.
Review of literature
There has been a lot of discussion in the legal community about how environmental and constitutional laws interact when it comes to the prohibition of fireworks.
The Supreme Court originally backed outlawing firecrackers altogether. But this attitude has changed in the last few years. As an alternative to a complete prohibition, the court aims to reconcile a person’s right to life with their participation in the firecracker trade.
Hindus, who have historically used firecrackers, view this as a basic religious practice that is safeguarded by Article 25 of the Constitution, as the article points out. At the same time, using firecrackers jeopardizes your ability to live in a clean, noise-free environment, which is protected by Article 211.
National Green Tribunal (NGT): To evaluate the effects of firecracker use on the environment, the NGT started suo-moto proceedings. It published comprehensive instructions outlawing their usage.
With the COVID-19 pandemic posing threats to human health, the NGT acknowledged the importance of environmental preservation
Laws in India to Control Air Pollution: In 1972, India ratified a resolution at the Stockholm Conference that placed a strong emphasis on preventing pollution and protecting the environment.
In accordance with Article 253 of the Indian Constitution, India passed the Air (Prevention and Control of Pollution) Act.
This legislative structure seeks to address
Areas of study
Now let’s study in brief what actual constitutional and environmental laws are involved in the interplay between constitutional laws and environmental laws concerning firecrackers ban.
Constitutional Laws
The interpretation and application of the Constitution and its fundamental ideas are the focus of “constitutional law.” It serves as the foundation for people’s access to certain fundamental rights, such as their rights to freedom of movement, the right to vote, the right to life, and the right to privacy. It establishes the steps that must be taken in order for a governmental body to interfere with someone’s property, rights, or freedoms. Among other things, constitutional law addresses issues like scrutiny by the courts, basic rights, and the power of legislation.
The definition of “Constitution” is defined as “all rules which directly or indirectly affect the distribution or the exercise of sovereign power in the state, including all rules which define the members of the sovereign power and all rules which regulate their relations to each other or which determine the mode in which the sovereign power, or its members, exercise their authority.” (3)
Written and unwritten constitutions are both possible. The Indian Constitution is one example of a written constitution that serves as the ultimate law of the land. They are more powerful than any laws that have ever been implemented in a nation; in fact, a legislation that violates the constitution would be overturned. The distinction between regular laws and the constitution disappears in unwritten and flexible constitutions. The following rights of the people were violated when the government decided to outlaw firecrackers.
- Right of equality (Article 14).
- Right to freedom (Article 19).
- Right to livelihood and life with dignity, and right against arbitrary arrest, exploitation (Article 21-24).
- Right to freedom of religion.
Environmental laws
Environmental laws are an integral part of any governing body. They are a collection of laws and regulations that regulate air and water quality, as well as other environmental aspects. Environmental laws in India are based on environmental legal principles and regulate the management of certain natural resources, including forests, minerals, and fishery resources. The environmental laws in India reflect what was originally envisioned in the Constitution. The need to protect and conserve the environment and the sustainable management of natural resources are reflected in India’s constitutional framework and also in India’s international commitments. The protection of the environment is mentioned in India’s Constitution as a part of the directive principles of state policy and the Fundamental Duties.
Directive Principles of State Policy (Part IV) Article 48A
The Directive Principles of State Policy are guidelines and principles laid down in Part IV of India’s Constitution. They are not legally enforceable, but are considered essential for the governance of India. The purpose of the DPSP is to create social and economic democracy. The prohibition on firecrackers, on the other hand, is often the result of special laws and regulations passed by the government in order to address environmental, public health, and safety issues. Some of the directive principles that may be applicable in the context of the firecrackers ban include: Article 47: The State’s Duty to Increase the Level of Nutrition and the Standard of Living and to Improve Public Health The prohibition of firecrackers can be seen as a way to protect public health in terms of reducing air pollution and related health risks. Article 48a: Protection and Improvement of the Environment and Safeguarding of Forests and Wildlife.
It is noteworthy, therefore, that although the directive principles offer general recommendations, particular laws and regulations are passed separately to deal with matters such as the usage of firecrackers. For instance, in order to lessen the detrimental effects on the environment and public health during festivals, the Supreme Court of India and several state governments have issued directives and laws pertaining to the usage of firecrackers. Usually, the basis for these measures is found in statutes and the government’s power to control conduct that might endanger the public or the environment.
Fundamental duties (Part IV A) Article 51A
To save and enhance the natural world, which includes lakes, rivers, woods, and animals, and to show compassion for all living things.
Both India’s international obligations, such as its Nationally Determined Contribution objectives, and the country’s constitutional framework uphold the preservation and protection of the environment, as well as the sustainable use of natural resources. Every person has an obligation to preserve and develop the environment, as well as to show compassion for all living things, under Part IVA of the Constitution (Article 51A-Fundamental Duties). In addition, the State is required under the Constitution to work toward preserving the nation’s forests and animals as well as the environment under Part IV (Article 48A, Directive Principles of State Policies). The following environmental acts were invoked upon for the banning of the firecrackers
(1) The Wildlife (Protection) Act, 1972
It has six schedules that give varying degrees of protection:
- Schedule I and part II of Schedule provide absolute protection, offences under these are prescribed the highest penalties.
- Species listed in Schedule III and Schedule IV are also protected, but the penalties are much lower.
- Animals under Schedule V, e.g. common crows, fruit bats, rats, and mice, are legally considered vermin and may be hunted freely.
- The specified endemic plants in Schedule VI are prohibited from cultivation and planting.
(2) The Air (prevention and control of pollution) act, 1981
The act targets to control and prevent air pollution in India and its main objectives are:
- To provide for prevention, control, and abatement of air pollution.
- To provide for the establishment of the boards at the central and state levels to implement the act.
According to this, air pollution sources like internal combustion engines, industry, cars, power plants, and so forth are not allowed to release more lead, carbon monoxide, nitrogen oxide, sulfur dioxide, particulate matter, volatile organic compounds (VOCs), or other harmful substances into the atmosphere than what is set forth in the limit.
(3) The National Green Tribunal Act, 2010
- The National Green Tribunal Act, 2010 (No. 19 of 2010) (NGT Act) has been enacted with the objectives to provide for establishment of a National Green Tribunal (NGT) for the effective and expeditious disposal of cases relating to environment protection and conservation of forests and other natural resources including enforcement of any legal right relating to environment and giving relief and compensation for damages to persons and property and for matters connected therewith or incidental thereto.
(4) The Environment Protection Act, 1986
• The preservation and enhancement of the environment are mandated by the Environment Protection Act, 1986, sometimes known as the “Environment Act”. The Environment Protection Act provides a framework for researching, organizing, and putting into practice long-term environmental safety criteria. It also sets a mechanism for providing a prompt and sufficient response to environmental threats. It is a broad piece of law created to give the federal and state agencies created by the 1974 Water Act and the 1974 Air Act a framework for collaboration. According to Environment Act s. 2(a), the term “environment” has a fairly broad definition. It encompasses land, air, and water as well as the interactions that these elements have with people, other living things, plants, microorganisms, and property.
(5) Rules and regulations controlling air pollution
- The Air (Prevention and regulate of Pollution) Act of 1981 sets guidelines for ambient air quality in an effort to prevent, regulate, and mitigate air pollution while also maintaining the quality of the air.
- The Central Government established the Air Prevention and Control of Pollution (Union Territory) Rules, 1983 by utilizing the authority granted by Section 54 of the Air Prevention and Control of Pollution Act, 1981 and conferring with the Central Board for the Prevention and Control of Water Pollution.
Article 253 of the 1949 Indian Constitution: The Environment Protection Act of 1986 and the Air (Prevention and Control of Pollution) Act of 1981 were enacted in accordance with Article 253 of the 1949 Indian Constitution.
Related case laws;
Tribunal on its motion vs. Ministry of Environment, Forestry and Climate Change, Dec 2020:
The National Green Tribunal published comprehensive rules outlining the prohibition on the use of firecrackers and started suo-moto procedures to examine the issue’s effects on the environment. The court stated that there was already a significant risk to human life in the nation because of the COVID-19 outbreak. The negative effects on the patients who are at risk would double if this is combined with the rise in pollution brought on by many firework explosions. The NGT stated that taking preventive measures to avoid such sudden rises in air pollution was in the best interests of the general population. The following guidelines were released by the NGT:
- November 9, 2020, to November 30, 2020, is when firecrackers are not allowed to be set off in the National Capital Region (NCR). All cities where the average quality of the air was deemed to be bad the year before will be subject to this prohibition.
- The state was authorized to provide orders permitting the maximum two-hour burst of green firecrackers in cities with average sir quality ratings of moderate and above. The hours would be 8 to 10 pm on Diwali and Gurpurab and 6 to 8 am on Chatt puja if the state did not make any directives in this respect.
- In all other cases, the state has the authority to decide how green firecrackers are used in compliance with the guidelines established in the Arjun Gopal v. Union of India decision.
Ban by Calcutta High Court:
In the case of Anasua Bhattacharya v. State of West Bengal Writ Petition No. 15465/2019, the Calcutta High Court made it illegal for any kind of firecracker to be made, sold, or set off during any holiday in the State of West Bengal, including the green crackers that the Supreme Court had permitted. Contrary to popular belief, the Supreme Court noted that only crackers containing barium salts were illegal to use on that particular day. Given that this was the firecracker industry’s peak period, the verdict created a stir. That prompted them to submit a Supreme Court review petition. Both the general public and the firework maker are covered by Article 21(6), according to the reasoning underlying the ruling.
Arjun Gopal vs. Union of India:
The Supreme Court rendered a decision in Arjun Gopal v. Union of India, Writ Petition No. 728/2015, on October 23, 2018. In this instance, the fathers of the six-month and fourteen-month-old infants submitted petitions on their behalf, claiming that the kids might face health risks as a result of pollution and declining air quality. A prohibition on the use of firecrackers and small explosives in any form was also included in the prayer. According to the court, residents’ rights to a healthy environment are guaranteed by Articles 48A and 51A, which are violated by the pollution that firecrackers generate. These provisions are protected by the right to life outlined in Article 21 and cannot be infringed. The court determined that in-depth assessments were not required by the precautionary principle of the nation’s environmental law.
Gautam Roy vs. State of West Bengal, November 2021:
The Calcutta High Court observed in the Gautam Roy vs. State of West Bengal Special Leave Petition No. 26640/2021 case that the pollution levels in the State of West Bengal rise following major holidays such as Durga Pooja and Diwali. Due to this, the production, distribution, and use of firecrackers throughout the state were outlawed by the High Court in an order dated November 5, 2020. The COVID-19 pandemic scenario in the state was one of the factors the High Court took into account while imposing this prohibition. A sharp increase in air pollution would have made the health problems of the numerous persons who had already been admitted to the hospitals worse.
Additionally, the state’s prohibitions on public meetings were taken into account. The obligation of the state and the judiciary to safeguard and secure the protection of human life inside the state was taken into consideration when the order was passed.
States who banned firecrackers
Delhi: An edict prohibiting the sale, use, and shortage of any kind of firecracker in the nation’s capital till January 1, 2023 has previously enacted by the Delhi government.
Haryana: With the exception of green crackers, the district government of Gurugram, Haryana, has outlawed the manufacture, distribution, and use of firecrackers from November 1, 2023, until January 31, 2024. On important occasions like Diwali, Christmas, New Year’s Eve, and Gurupurab, green crackers are permitted.
Punjab: The Punjab government outlawed the manufacture, distribution, usage, storage, and sale of traditional firecrackers as of October 27, 2023. A directive has been issued to the Punjab Pollution Control Board to carry out interim monitoring in a few of the state’s cities. He warned that anyone who disobey the guidelines would also face an instant fine while pleading with the general public for assistance.
Suggestions:
Public Awareness Campaigns: Launch extensive public awareness campaigns to educate people about the harmful effects of firecrackers on the environment, human health, and animal welfare. Highlight the benefits of celebrating festivals in eco-friendly ways.
Alternative Celebrations: Encourage communities to explore alternative ways of celebrating festivals without resorting to firecrackers. Organize events such as laser shows, cultural performances, or community gatherings focused on eco-friendly activities.
Strict Enforcement: Ensure strict enforcement of the ban with appropriate penalties for violators. This might involve increased monitoring, fines, or legal action against individuals or businesses found selling or using firecrackers.
Promote Eco-Friendly Alternatives: Promote the use of eco-friendly alternatives such as LED lights, biodegradable decorations, and noiseless fireworks. Provide incentives or subsidies for businesses manufacturing or selling these alternatives.
Collaborate with Stakeholders: Work closely with local authorities, environmental organizations, religious leaders, and community groups to gain their support in implementing and enforcing the ban. Collaboration can help garner widespread acceptance and compliance.
Research and Innovation: Invest in research and development to find innovative solutions for celebrating festivals without causing harm to the environment or public health. Support initiatives that focus on developing sustainable alternatives to traditional firecrackers.
Monitoring Air Quality: Implement measures to monitor air quality, especially during festive seasons, to assess the effectiveness of the ban and address any emerging issues promptly.
Community Engagement: Foster community engagement by encouraging citizens to report violations and participate in initiatives aimed at promoting a culture of eco-friendly celebrations.
Conclusion:
Production of crackers need to be completely outlawed in light of the evidence showing the harmful consequences of burning them on people. Millions of lives are impacted in some way by the inherent health risk that smoking firecrackers creates, despite the fact that a ban on their manufacturing endangers the livelihoods of thousands of people. The Supreme Court has not reaffirmed its earlier support for a total ban on firecrackers; instead, it has attempted to strike a balance between citizens’ rights to life and the ability to engage in the firecracker trade.
Taking this into consideration, it has limited the amount of time that firecrackers may be burst and permitted the production and sale of green counterparts. We must all do our share to protect the environment, even as the government must band together and make major efforts to solve this issue. Respecting the moral obligation placed upon us by the Constitution to preserve mother nature and improve our living environment is just as important as abiding by the fundamental duty to be compassionate toward our surroundings.
Author:
Abhinav Awasthi
Sinhgad Law College, Pune