16th January, 2016 (MAINS)

Q1. Does the right to clean environment entail legal regulations on burning crackers during Diwali? Discuss in the light of Article 21 of the Indian Constitution and Judgement(s) of the Apex Court in this regard.

[12.5marks/2015/GS-2] 200 words.

Please write answer in the comments section.

  • Surabhi Gupta

    1.In the Menaka case, the Supreme Court declared that Right to Life under Article 21 includes Right to have a decent environment including pollution free water and air.
    2.Three Delhi toddlers aged between 6 to 14 months had filed a PIL through their parents in the apex court in order to protect their fundamental right for a clean and healthy environment during Diwali festival.
    3.But the Supreme Court refused to ban bursting of crackers during Diwali or direct authorities to reserve chosen places for it, saying it was not possible to issue orders that cannot be implemented.
    4.If a citizen wants to burst crackers at his home, he can also come up and say I have the right to do so.
    5.Hindu organisations had countered the petition saying bursting crackers on Diwali has been the Hindu tradition for hundreds of years and implementing a complete ban will hurt the religious sentiments of Hindus.
    6.According to an organisation of firecracker manufacturers, the ban would seriously affect the fireworks industry and the livelihood of lakhs of workers.
    7.Crackers are burnt during Diwali, Independence Day, New Year, Christmas, victories in games and elections, marriages etc. These celebrations cannot be thwarted by unfair restrictions.
    8.It would be an unnecessary intrusion into personal liberties. But, the court insisted that bursting of crackers should be limited to between 6 am and 10 pm.

    • http://shashidthakur.com/ Shashi Thakur

      good answer. keep it up.

      • Surabhi Gupta