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ARJUN GOPAL V. UNION OF INDIA

Arjun Gopal v. Union of India, (2017) 1 SCC 412

ISSUE:

  • Whether the citizens facing consequences of degraded air pollution can pray for a complete ban on firecrackers in order to minimize the air pollution levels?

RULE:

  • The courts of the country are duty bound to address intense concerns when it affects the right to education, work, health and right to life as guaranteed under Part III of the Indian constitution.
  • There is a need to balance the bigger interest of the majority group as against the materialistic benefits of a minority wherein the citizens should be favored.
  • Constitutional balance should significantly give more priority to the negative consequences that the air quality has on the current and upcoming generations, rather than the temporary materialistic restrictions of those in the firecracker industry.

FACTS:

  • The petitioners filed the case in the Supreme Court in order to seek urgent reliefs with respect to the intense air pollution levels in the National Capital Region.
  • The petitioners’ application was filed in the light of the degrading air quality observed in the time of weddings and Diwali and that the consequences of the same are being felt on the mental and physical health of the residents.
  • The petitioners sought relief for a total ban on the firecrackers in order to reduce the air pollution levels.

HELD:

  • The Supreme Court refused to give final orders and only pronounced interim directions wherein it placed a complete ban on the firecrackers availability in the markets across NCR as per Rule 118 of the Explosive Rules 2008.
  • The Supreme Court directed the Central Pollution Control Board to analyze and report on the negative consequences of the ingredients used in manufacturing firecrackers.
  • The Supreme Court recognized that the citizens themselves are responsible to make sure the environment is healthy and free of pollution as per Article 51A(g) of the Indian constitution.
  • The Supreme Court recognized the harmful effects of firecrackers on the health and well being of citizens of all age groups, including effects of asthama, bronchitis, lung cancer and etc in similar groups.
  • The Supreme Court relied on the reports that during the times of Diwali, when the firecrackers are burst, they release into the air a variety of dangerous particles, which adds to the pollution levels, both air and noise in winter. There is a significant drop in the air quality from mostly poor to worse during the said festival time.
  • The Supreme Court held that celebrating diwali by bursting firecrackers being a time honored fashion is not a valid justification on the negative impact that it has on the air which affects people in such a manner that their right to a healthy environment is lost.