Diwali Firecrackers Ban: Supreme Court 2017 in Arjun Gopal vs UOI Prioritizes Right
To Clean Air Over Commercial Interest. The Supreme Court in Arjun Gopal vs Union Of
India dealt with worsening air quality in Delhi NCR due to bursting of fireworks during
Diwali. The Court on 09.10.2017 and earlier on 11.11.2016 passed directions
suspending sale of firecrackers. The Court held that right to health + right to breathe
clean air under Article 21 must override commercial interests. The Court also applied
the precautionary principle and duties under Article 48A and 51A(g). This blog explains
Arjun Gopal vs UOI on air pollution, firecrackers, and environmental jurisprudence.
Facts: Diwali 2016; Air Quality 29 Times WHO Limits. The Supreme Court in Arjun
Gopal vs UOI: Writ Petition filed seeking steps for environmental purity including ban on
fireworks.The Supreme Court in Arjun Gopal vs UOI para 1: Onset of winter + festival
season worsens air quality in Delhi NCR. After Diwali 2016, air pollution went up to "29
times above WHO standards". Delhi became "most polluted city in world".The Supreme
Court in Arjun Gopal vs UOI para 18: "Harmful effects of fireworks on ambient air and
lungs, eyes and ears of people" is "indisputable". Also causes "extreme nuisance,
noise...to citizens particularly ailing and aged".The Supreme Court in Arjun Gopal vs UOI
para 3: Vide order dated 11.11.2016 Court suspended all licenses for sale of fireworks
wholesale and retail in NCR under Rule 118(5) Explosives Rules 2008. Reason: "Public
interest".The Supreme Court in Arjun Gopal vs UOI: CPCB directed to study harmful
effects of materials used in fireworks.A common mistake is to think ban was on
bursting. Arjun Gopal targeted supply chain - suspending licenses to sell.
Right To Clean Air Vs Commercial Interest: Graded Approach. The Supreme Court
in Arjun Gopal vs UOI para 67-68: "Right to health coupled with right to breathe clean air"
means air pollution "deserves to be eliminated". The Supreme Court in Arjun Gopal vs
UOI para 68: "Continuing suspension...might be too radical". So Court adopted "graded
and balanced approach" to "reduce and gradually eliminate air pollution". The Supreme
Court in Arjun Gopal vs UOI para 69: Could not say with certainty that poor air in Nov-
Dec 2016 was "only" due to fireworks. Other causes also there. So "complete ban...might
not be fully warranted".The Supreme Court in Arjun Gopal vs UOI para 71: Directions
given:Enforce Explosives Rules 2008 fully. Rule 15 marking, Rule 84 temporary
shops.Noise Pollution order dated 18.07.2005 to continue.No bursting in silence zones -
100m from hospitals, schools, courts.Delhi Police to reduce temporary licenses by 50%,
capped at 500.Ban import of fireworks. Ban compounds of antimony, lithium, mercury,
arsenic, lead, strontium chromate.Transport of fireworks into Delhi NCR
prohibited.Suspension of permanent licenses lifted, but with notice that 2018 will be
50% of 2017.The Supreme Court in Arjun Gopal vs UOI: "Health of people...must take
precedence over commercial interest".
Precautionary Principle And Constitutional Duties. The Supreme Court in Arjun
Gopal vs UOI: Court recognized duty of State under Article 48A: "State shall endeavour
to protect and improve environment". The Supreme Court in Arjun Gopal vs UOI: Duty of
citizens under Article 51A(g): "to protect and improve natural environment".The
Supreme Court in Arjun Gopal vs UOI: Applied precautionary principle: "where there are
threats of serious and irreversible damage, lack of scientific certainty should not be
used as reason for postponing measures".The Supreme Court in Arjun Gopal vs UOI
para 10: "Function of judges...to bridge gap between law and society". "There is
consensus in society that crackers should not be burnt...Court is only facilitator".The
Supreme Court in Arjun Gopal vs UOI: Directed schools, NGOs, medical institutions to
create awareness. Encouraged "community participation" display fireworks instead of
individual bursting.
Conclusion
Arjun Gopal vs Union Of India is landmark on arjun gopal vs union of india
firecrackers ban supreme court 2017. Supreme Court 09.10.2017 balanced right to
health with economic interests through graded regulation. Court suspended licenses,
banned toxic chemicals, capped temporary licenses, and mandated awareness. Court
held air pollution during Diwali is serious and bursting crackers is major contributor. As
the law stands, Article 21 includes right to clean air. The Supreme Court’s ruling in Arjun
Gopal vs UOI guides pollution control during festivals
