NEW DELHI: Observing that the right to health and to live in a pollution-free environment is an essential part of fundamental right to life under Article 21, Supreme Court Thursday refused to relax the ban on sale and manufacture of firecrackers, even green ones, in National Capital Region.
It said there was no way to reconsider the ban order till firecrackers became pollution-free.
A bench of Justices Abhay S Oka and Ujjal Bhuyan dismissed the arguments of firecracker makers and traders that the ban would affect their right to trade and livelihood, that it should be imposed for only 3-4 months a year, particularly during winter, and that green crackers be exempted.
Not everyone can afford air purifier: SC
Think of common man, not everyone can afford air purifiers '. Armed with the Centre's affidavit that green crackers reduce pollution by 30% in comparison to normal crackers, firecracker traders submitted that they should be allowed to deal in green crackers.
The court, however, reminded them of the plight of the common man. "One can imagine the effect of air pollution on the common man as everyone cannot afford to have air purifiers at their residence or place of work. There is a section of the population that works on streets and they are the worst affected by this pollution," the bench observed.
It said traders and manufacturers are free to do business in the rest of the country except NCR which is a very small part of the country.
It said that restricting the ban for a few months will not serve any purpose as firecrackers will be stored and used during the ban period. Regarding green crackers, the court said there is no scientific report which says that green crackers are pollution-free.
"Unless it is shown that the pollution caused by the so-called green crackers is bare minimum, there is no question of reconsidering the decision," the court said.
It said there was no way to reconsider the ban order till firecrackers became pollution-free.
A bench of Justices Abhay S Oka and Ujjal Bhuyan dismissed the arguments of firecracker makers and traders that the ban would affect their right to trade and livelihood, that it should be imposed for only 3-4 months a year, particularly during winter, and that green crackers be exempted.
Not everyone can afford air purifier: SC
Think of common man, not everyone can afford air purifiers '. Armed with the Centre's affidavit that green crackers reduce pollution by 30% in comparison to normal crackers, firecracker traders submitted that they should be allowed to deal in green crackers.
The court, however, reminded them of the plight of the common man. "One can imagine the effect of air pollution on the common man as everyone cannot afford to have air purifiers at their residence or place of work. There is a section of the population that works on streets and they are the worst affected by this pollution," the bench observed.
It said traders and manufacturers are free to do business in the rest of the country except NCR which is a very small part of the country.
It said that restricting the ban for a few months will not serve any purpose as firecrackers will be stored and used during the ban period. Regarding green crackers, the court said there is no scientific report which says that green crackers are pollution-free.
"Unless it is shown that the pollution caused by the so-called green crackers is bare minimum, there is no question of reconsidering the decision," the court said.
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