CJI seeks pan-India ban on crackers! says rule 'can't be just for Delhi's elite'

The Supreme Court on Friday questioned the rationale behind limiting the firecracker ban to Delhi and the National Capital Region (NCR) when other Indian cities also suffer from severe air pollution. In a sharp observation, Chief Justice BR Gavai stated that clean air is a right for all citizens, not just a privileged few. He emphasized that any policy on firecrackers "has to be on a pan-India basis" and questioned why people in other cities should be deprived of the right to a clean environment.

During the hearing, Chief Justice Gavai recounted his personal experience, noting that he was in Amritsar last winter and the pollution there was worse than in Delhi. This direct comparison underscored his point that air quality is a national, not just a regional, concern. "We can't have a policy just for Delhi because they are elite citizens of the country," he remarked, highlighting a perceived inequity in the existing policy.

The court's sentiment was echoed by Senior Advocate Aparajita Singh, who serves as amicus curiae in the air pollution cases. She supported the Chief Justice's argument by stating that the "elites take care of themselves" and often leave Delhi when pollution levels become unbearable. This exchange highlighted the socio-economic dimensions of the pollution crisis, emphasizing that the burden of poor air quality disproportionately falls on the working class.

Following the discussion, the Supreme Court bench issued a notice to the Commission for Air Quality Management (CAQM) on a plea that has sought a nationwide ban on firecrackers. The court has scheduled the matter for a subsequent hearing on September 22, setting the stage for a potentially landmark ruling that could reshape environmental regulations across the country ahead of the festive season.

The top court's observations are particularly timely as they come just before the Diwali festival, which typically falls in October or November. During this period, the air quality in much of North India plummets dramatically, a phenomenon commonly attributed to a combination of fireworks and stubble burning in the surrounding agricultural areas. The annual air pollution crisis has long been a subject of public and judicial debate.

Authorities in the past have attempted to mitigate the issue through various measures, including full bans in Delhi and extended areas, bans with limited time windows in some NCR suburbs, and strict regulations on the sale and storage of fireworks. However, the Supreme Court's latest move suggests a shift towards a more unified and comprehensive national approach, recognizing that a fragmented policy may not be effective in tackling a widespread environmental issue.