Q7. Does the right to a clean environment entail legal regulation on burning crackers during Diwali? Discuss in the light of Article 21 of the Indian Constitution and judgements of the apex in this regard. 

Model Answer:

Introduction

The right to a clean environment is crucial for public health. Article 21 of the Indian Constitution guarantees the right to life, encompassing environmental protection.

Body

Article 21 and Right to Environment

1. Article 21 protects the right to life and personal liberty, including the right to a healthy environment.
2. Supreme Court interpretations link environmental rights with Article 21, emphasizing clean air and water as fundamental for life.
3. The Court has held that pollution directly affects health, violating individuals' rights under Article 21.

Legal Regulation of Crackers

1. Diwali celebrations often lead to increased air pollution, raising concerns about public health and environmental degradation.
2. The Supreme Court has issued directives to regulate firecracker usage, citing the need to protect citizens' health.
3. Regulations aim to balance cultural practices with the right to a clean environment, ensuring public safety during festivals.

Apex Court Judgments

1. In M.C. Mehta v. Union of India, the Court recognized the need for environmental safeguards during festive periods.
2. The M.C. Mehta judgment led to stricter regulations on noise and air pollution, particularly during Diwali.
3. The Court's rulings emphasize that citizens must exercise their rights responsibly, considering environmental consequences.

Conclusion

‍Legal regulations on burning crackers during Diwali are essential to uphold the right to a clean environment under Article 21.   

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