'Don't Make Mockery of Orders': SC Slams Delhi Govt Over Firecracker Regulation
The Supreme Court warns the Delhi government and CAQM against making a mockery of orders regarding firecracker regulation during festivals.
The Supreme Court of India has sent a stern warning to the Delhi government and the Commission for Air Quality Management (CAQM), asserting that while an absolute ban on firecrackers may not be the ideal solution due to festive enthusiasm, the failure to implement regulatory orders is unacceptable. The Court emphasized that its directions must not remain mere words on paper or affidavits while the city's air quality plummets during the winter season.
Balancing Festive Spirit and Public Health
A bench comprising Justices MM Sundresh and PB Varale acknowledged the deep-rooted sentiments and excitement that accompany festivals like Diwali. The Court clarified that it is not seeking a total prohibition on celebrations but is demanding a logical approach to ensure that festivities do not cause harm to others.
“During festivals, enthusiasm among the public is high. They are normal people. We cannot file cases against them, but what you can do is ensure our orders are implemented,” the bench remarked.
The Court stressed that the focus should be on tightening monitoring mechanisms and increasing public awareness about the consequences of firecracker use, rather than simply penalizing ordinary citizens.
'What Did You Actually Do?'
The Supreme Court expressed frustration over the lack of concrete data and evidence regarding the enforcement of its previous directions. The bench questioned the authorities on several key points:
- Whether the teams constituted to monitor firecracker use actually visited the identified areas.
- The specific dates of these visits and the data submitted by the teams.
- Whether there was any assessment comparing areas where the Air Quality Index (AQI) spiked versus those where it remained stable.
The bench warned that returning every year with the same submissions without showing ground-level impact makes the judicial process a "mockery." The judges further noted that they did not want a situation where a future bench would be presented with the same excuses next year.
Serious Lapses in Monitoring
The proceedings highlighted significant gaps in the current regulatory framework. Senior advocate Gopal Sankaranarayanan, appearing as amicus curiae for petitioner Arjun Gopal, pointed out that the Court's directions had been repeatedly violated. He noted that prohibited firecrackers continued to be used despite only "green crackers" being permitted.
A shocking revelation during the hearing was the state of the monitoring infrastructure. The Court flagged that out of 29 CAQM units, only nine were actually functioning. This lack of operational capacity raised serious questions about how the authorities intended to monitor violations and assess the impact of partial relaxations granted in previous years.
A Matter of Survival
The Supreme Court reminded the authorities that this is not an adversarial legal battle, but a matter concerning the health and well-being of "every living being." The bench urged the government to view the issue from a higher perspective, given the severe health impacts of air pollution, which the Court observed often fails to receive the same level of public attention as the festivities themselves.