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ARJUN GOPAL V. UNION OF INDIA

Arjun Gopal v. Union of India, AIR 2018 SC 5731

ISSUE:

  • Whether the increased pollution caused by firecrackers and explosives burst during the time of Deepwali be a valid ground for banning the firecrackers in spite of other pollutants being present in the air?

RULE:

  • The precautionary principle in environmental law does not need the backing of any scientific evidence or proof if the danger to the environment is significant and irreversible.
  • The fundamental rights under Article 19(1)(g) & Article 25 should be balanced with Article 21 of the Constitution, keeping in mind the health of the population who reside in Delhi and NCR.

FACTS:

  • A writ petition was filed on behalf of 3 infants by their fathers with regards to the negative consequences on the health of the children due to the concerning dip in quality of the air in Delhi.
  • The petitioners claim that infant and children are the most vulnerable group since the effects on them include aasthama, cough, and breakdown of their nervous system and can include impairment of their cognitive abilities.
  • The petitioners approached the Supreme Court praying for guidelines with respect to studying the pollution and analyzing the reasons inclusive of burning crops, arbitrary dumping of the dust in the areas. The petitioners also prayed for a complete ban on firecrackers during any festivals or in general too.
  • A set of interim guidelines were given by the court included an indefinite ban on the sale of firecrackers in the National Capital Region under Rule 118 of the Explosives Act, 2008, directed the Central to suspend licenses for the same and ordered the Central Pollution Control Board to analyse the effects of the firecrackers and give a report.
  • When the said guidelines were challenged, the court recognized that firecrackers were not the sole reason for increased pollution. However, it also recognized there was a direct cause effect relationship with regards to the three fold increase in pollution levels especially during diwali time.
  • The aggrieved parties have therefore approached the Supreme Court to seek assistance for their pleas.

HELD:

  • The Supreme Court upheld the guidelines issued in the past in the light of the negative consequences it has on the health of the individuals and therefore disposed all the applications with respect to modifying the case.
  • The Supreme Court issued further guidelines including manufacturing and sale of green crackers, ban on non green crackers, only licensed traders permitted to sell the firecrackers, e commerce websites to not accept orders for firecrackers, public awareness campaigns and similar such guidelines.
  • The Supreme Court ordered that bursting of firecrackers during the festival will take place only in designated areas marked by the government and no sale of prohibited firecrackers to be executed.
  • The Supreme Court recognized that even though firecrackers are not the only reason behind the pollution levels in Delhi, it does increase the temporary pollution levels.
  • The Supreme Court recognized that the minerals and elements used in manufacturing firecrackers cause skin issues, respiratory issues and other such health complications.
  • The Supreme Court passed these guidelines in the greater interest of the public and to balance the conflicting interests, with the public on one end and the manufacturers and traders of firecrackers on one end.