Supreme Court 2017: Article 21 Includes Right To Breathe Clean Air - Arjun Gopal On
Fireworks And Air Pollution. The Supreme Court in Arjun Gopal vs Union Of India on
09.10.2017 addressed severe air pollution in Delhi NCR caused by Diwali fireworks. The
Court modified its earlier 11.11.2016 order suspending all firecracker licenses. The
Court held that environmental protection is a constitutional mandate and adopted
graded measures. The Court also directed CPCB to lay down standards. This blog
explains Arjun Gopal vs UOI on Article 21, Explosives Act, and air quality.
The Problem: Post-Diwali Air Emergency. The Supreme Court in Arjun Gopal vs UOI:
Every year after Diwali, Delhi faces "health emergency". Schools closed, emergency
measures needed.The Supreme Court in Arjun Gopal vs UOI: Data showed PM levels
shot up 3 times after Diwali 2016. The Supreme Court in Arjun Gopal vs UOI: Court
noted attempts by Govt, Media, NGOs, Schools every year to create awareness about "ill-
effects of bursting crackers". The Supreme Court in Arjun Gopal vs UOI: "Direct and
immediate cause" of alarming pollution post-Diwali is burning of crackers.The Supreme
Court in Arjun Gopal vs UOI: Manufacturers argued crackers contribute "negligibly".
Court rejected, saying studies cited were for year-round pollution, not "immediate
impact" of Diwali.
Graded Regulation Instead Of Total Ban. The Supreme Court in Arjun Gopal vs UOI
para 71: 16 specific directions issued:On Sale: Reduce temporary licenses by 50%. Cap
at 500 in Delhi. Ban transport into NCR.
On Composition: Ban antimony, lithium, mercury, arsenic, lead, strontium
chromate. Allow only PESO approved composition with Al, S, K, Barium.
On Place: No bursting in silence zones. Enforce Explosives Rules strictly.
On Awareness: Dept of Education to sensitize school children in 15 days. Govt to
issue medical advisories.
On Study: CPCB + FDRC to lay standards by 30.09.2017. Committee chaired by
CPCB Chairperson to submit health impact report by 31.12.2017.The Supreme Court in
Arjun Gopal vs UOI: Put permanent licensees on notice - 2018 quota will be 50% of
2017, and will "substantially reduce over next couple years".The Supreme Court in Arjun
Gopal vs UOI: Final para 14: For Diwali 2017, suspension of licenses restored. "Effect of
Order dated 12.09.2017 would be given only from 01.11.2017" to test impact.
Explosives Act And Public Interest Power. The Supreme Court in Arjun Gopal vs
UOI: Relied on Rule 118(5) Explosives Rules 2008 framed under Explosives Act 1884.
Central Govt can suspend license "in public interest" without hearing.The Supreme Court
in Arjun Gopal vs UOI: Court used this to suspend wholesale and retail licenses in
NCR.The Supreme Court in Arjun Gopal vs UOI: Also cited Notification GSR 64(E) dated
27.01.1992 banning import of fireworks.The Supreme Court in Arjun Gopal vs UOI:
Rejected plea of temporary license holders for more time to comply with Rule 86
distance norms. Rules in force since 2008.
Conclusion
Arjun Gopal vs Union Of India establishes that right to clean air article 21
firecrackers supreme court is enforceable. Supreme Court 09.10.2017 held that while
total ban may be extreme, graded regulation is necessary. Court banned toxic
chemicals, reduced licenses, and mandated research. Court emphasized Article 48A
and 51A(g) duties and precautionary principle. For environment law, this judgment
shows how courts can regulate festivals to protect public health. The Supreme Court’s
ruling in Arjun Gopal vs UOI remains authority on air pollution and sustainable festivals.
