Subject: Indian Polity

The intersection of environmental rights and cultural practices came into sharp focus through the Supreme Court's evolving stance on firecracker regulations, highlighting the delicate balance between Article 21's right to life and traditional festivities. The debate intensified as Delhi's AQI crossed 800 during Diwali 2024, necessitating stringent measures.

Constitutional Framework and Judicial Interpretation

• Article 21 encompasses the right to a clean environment as established through judicial interpretations in cases like MC Mehta vs Union of India.
• The Supreme Court's judgments from 2023-2025 progressively strengthened restrictions on firecrackers, recognizing environmental health as an integral part of the right to life.
• The concept of sustainable development and precautionary principle have been key factors in judicial reasoning for firecracker regulations.

Legal Regulations and Their Implementation

• State-specific Approaches:
  • Complete ban in Delhi-NCR region (2025).
  • Partial restrictions in other states allowing only green crackers with time limitations.
• Enforcement Mechanisms:
  • Air Quality Management systems for monitoring compliance.
  • Penalties and fines for violations under environmental protection laws.

Balancing Rights and Cultural Practices

• Environmental Impact Assessment:
  • Delhi's AQI levels exceeding 800 during Diwali 2024 demonstrated the severe health implications.
  • Prolonged elevation of pollution levels post-festivities affecting public health.
• Cultural Considerations:
  • Need to preserve traditional celebrations while ensuring environmental sustainability.
  • Introduction of eco-friendly alternatives like green crackers as a compromise.

International Best Practices

• Gibraltar's Model (2024):
  • Age restrictions on firecracker sales.
  • Professional licensing system for high-potency fireworks.
  • Limited temporal and spatial restrictions.

The right to a clean environment under Article 21 necessitates reasonable restrictions on firecracker usage, as evidenced by the Supreme Court's progressive judgments and alarming pollution data. The way forward lies in balancing cultural heritage with environmental protection through measures like green crackers and time-bound celebrations, ensuring both the right to life and cultural expression coexist harmoniously.