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ENVIRONMENTAL DEGRADATION DUE TO FIRECRACKERS IN INDIA Arjun Gopal & Ors. Versus Union of India & Ors (ongoing)
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Article Details
ENVIRONMENTAL
DEGRADATION DUE TO FIRECRACKERS IN INDIA
Arjun Gopal
& Ors. Versus Union of India & Ors (ongoing)
AUTHORED BY
- SOUMYADIP CHAKRABORTY
Abstract
The
article discusses the ongoing case of Arjun Gopal & Ors. Versus Union of
India & Ors. before the Supreme Court of India, focusing on the
environmental concerns arising from the extensive use of fireworks during the
Diwali festival. It highlights the environmental degradation caused by
fireworks, including elevated levels of trace gases and particulate matter, and
the health risks associated with air pollution. Two PILs were filed addressing
environmental concerns related to fireworks in Delhi and Udaipur. The article
examines various environmental principles such as the Polluter Pays Principle,
Precautionary Principle, and Public Trust Doctrine in the context of fireworks
usage. It also presents case studies illustrating the Supreme Court's proactive
approach in addressing environmental issues. The conclusion emphasizes the need
for stringent measures to protect firecrackers and the environment, emphasizing
that the festival of Diwali should prioritize light over firecrackers, and
underscores the state's duty to safeguard its citizens and nature.
Introduction
In the case of Arjun Gopal & Ors. Versus Union of India & Ors[1].,
which is pending before the Supreme Court of India. The parties to case are Arjun
Gopal Aarav Bhandari, Zoya Roa Bhasin, Bhagyashree Pancholy.
Diwali, a significant
Indian festival, is observed annually in either October or November, spanning
approximately 5-6 days and marked by extensive firework presentations
throughout the nation. Some research studies have documented elevated levels of
trace gases and particulate matter during the Diwali festivities[2].
The act of igniting fireworks during these celebrations introduces a
substantial quantity of aerosols into the local atmosphere on a temporary
basis. The diverse array of pyrotechnics used in fireworks generates a range of
auditory, gaseous, and smoky effects. In this case two PIL’s were filed, the
first writ petition was filed as public interest litigation by the three writ
petitioners from Delhi seeking intervention against the environmental
degradation due to "parali" (agricultural crop burning), widespread
usage of fireworks and dumping of “malba” etc., and also sought other further
steps to improve the environmental purity. And the second PIL was filed by a
woman in Udaipur against the State of Rajasthan and the administration of
Udaipur had failed to ensure compliance with the laws and regulations, given by
Supreme Court order dated 23.10.2018 in the case of Arjun Gopal & Ors.
Versus Union of India & Ors[3].
Environmental Issue & Facts
Diwali is an annual
Indian festival observed in either October or November, featuring extensive
firework presentations throughout India that span a period of 5 days, with the
central celebration occurring on the third day. Historical research has noted
heightened levels of trace gases and particulate pollutants during the Diwali
season in cities like Delhi, Lucknow, Hisar, and Howrah[4]. Fireworks
used at the festival are typically made of paper tubes filled with organic,
non-metallic, and metallic elements (charcoal, sulphur, silicon, boron,
aluminium, magnesium titanium), oxidising and reducing agents (nitrate,
chlorates), colouring agents (strontium or lithium, copper, barium, sodium,
iron or charcoal), and a binder (dextrin). Large-scale pyrotechnics release a
variety of pollutants, such as particulate matter, sulphur and charcoal compounds,
trace gases, and traces of metals.[5]
The current Writ Petition
(Civil) 728 of 2015 was filed by and on behalf of the three infant Petitioners,
who are all citizens of India and residents of Delhi. They are asking for a
number of things, including the issuance of a writ of mandamus or any other
suitable writ or direction to prohibit the use of fireworks, sparklers, and
small explosives in any way during celebrations or otherwise. The slow-moving
governmental apparatus for execution of measures to limit dangerous pollution
levels in Delhi and the urgent need to take aggressive measures to defend the
people's right to clean, healthy, and breathing air under Article 21 of the
Indian Constitution were both brought to light. In this case, several orders
have been made prohibiting the selling of firecrackers and governing the
production of fireworks. In the adjacent case, People from all over the country
increasingly travel to Rajasthan, and specifically the city of Udaipur, for
destination weddings as well as for pre- and post-wedding photo sessions.
Hotels all across the city, notably those along the lake and the island hotels,
assure the lighting of fireworks on these occasions, which contributes to the
city's deteriorating air quality index (AQI). Along with the AQI, the PM 2.5
and PM 10 particle counts are also high. Additionally, it is claimed that
individuals also break crackers at pre- and post-wedding parties in addition to
during the wedding. According to a news report from the Patrika news agency,
approximately 1500 weddings are expected to take place in the first 6
months of 2023 in Udaipur.
In the case of Delhi an
order was passed by the Hon’ble Supreme Court where it gives certain directions
follows[6]:
a.
The
crackers with reduced emission (improved crackers) and green crackers only
would be permitted to be manufactured and sold.
b.
As
a consequence, production, and sale of crackers, other than crackers with
reduced emission is hereby banned.
c.
The
manufacture, sale, and use of joined firecrackers (series crackers or laris) is
hereby banned.
d.
Barium
salts in the fireworks is also hereby banned.
e.
PESO
is directed to review the clinical composition of fireworks, particularly
reduced Aluminium content, and shall submit its report in respect thereof
within a period of two weeks from today I.e.,23.10.2018. For undertaking this
exercise, PESO would also associate.
f.
FRDC.
Analysis
Several environmental laws exist in
India, including the Environmental Protection Act of 1986, the Water (Prevention
and Control of Pollution) Act of 1974, and the Air (Prevention and Control of
Pollution) Act of 1981. These laws seek to strike a balance between
environmental preservation and economic growth. Using these measures, those who
recklessly use fireworks or other pollutants harm the environment can be
brought to justice. At its foundation, normative ethics aims to create a
standard by which one may judge what is good or wrong. In terms of the
environment, this centres around how human behaviour affects the environment
and the intrinsic worth of nature. Although Diwali is a religious and cultural
holiday, the use of fireworks during the celebration poses health and
environmental risks, highlighting the issue of how to find a balance between
tradition and environmental sustainability.
The Polluter Pays Principle
states that in order to protect the environment and human health, the person
who causes the pollution should pay the expenses associated with controlling
it. In the case of firecrackers, producers or users may be financially liable
for any costs associated with medical treatment or environmental remediation.
The Precautionary Principle
states that, even in the absence of a clear causal relationship, the burden of
evidence is on those who are proposing an activity that could endanger human
health or the environment. This theory might be used to support stronger
guidelines for the production and usage of fireworks.
According to the Public Trust
Doctrine, certain resources are kept for public use, and the government is
obligated to keep them up for that use. One may argue that unrestrained usage
of fireworks goes against this principle since clean air is a resource that
should be protected.
In the present case, it shows that in
addition to violating the citizens of Udaipur's Right to Life, the unrestricted
and dangerous cracker-bursting behaviour exposes them to a number of health
risks due to the air pollution that results. Stress, high blood pressure, heart
disease, and sleep difficulties can all be brought on by exposure to toxic air.
Children, in particular, but all age
groups, might experience these health issues. According to statistics from the
Rajasthan State Pollution Control Board for the year 2018, which was cited in
an article headlined "Air Quality in Udaipur is Becoming Harmful to
Children and Elderly People!"[7],
some areas of Udaipur were more polluted than Delhi. According to scientific
research, these cracker-emitted particulate matter will always remain inside
the lungs when they have entered, leading to a variety of respiratory
illnesses. The newborns of the city of Udaipur continue to breathe air that is
filthy, putting them at risk for a number of illnesses. It is argued that
prolonged exposure to contaminated air can seriously jeopardise a child's
physical and mental health, including their ability to learn and behave
appropriately. Additionally, there is a strong correlation between PM and both
the syndrome of sudden newborn death and mortality linked to the respiratory
system. According to some evidence, breathing contaminated air during pregnancy
might lead to undesirable pregnancy outcomes such preterm birth, low birth
weight, growth retardation, and physical deformities.
Another issue in this
case is about green firecrackers, in the order dated 23.10.2018 by Supreme Court,
to invent green firecrackers by using barium salts, but Though there were no
definite studies as to what extent the barium salts in fireworks and the joined
crackers (laris) are contributing towards the air and noise pollution, Barium
salts emit poisonous gas causing respiratory problems in long term exposure and
may have other health complications in long term exposure, under the
precautionary principle of the Environmental Law banned Barium salts and Joined
crackers (laris).
Case studies
1.
M.C.
Mehta v. Union of India, AIR 1997 SC 734 (Taj Trapezium Case)
The main issue revolved
around the conservation and preservation of the Taj Mahal, which was facing
damage due to pollutants and the resulting acid rain.
Judgment: The Supreme
Court recognized the importance of preserving the cultural heritage of India,
particularly the Taj Mahal. Taking cognizance of the damage being done by the
surrounding industries and the refinery:
The Court ordered various
industries operating within the Taj Trapezium Zone (TTZ) to either switch to
natural gas or relocate outside the TTZ if they used coal as a fuel.
The Court also issued
guidelines for the protection and upkeep of the Taj Mahal and its surrounding
environment. The authorities were ordered to set up a monitoring mechanism to
ensure the protection of the monument from pollution. Industries not using
natural gas as fuel and found to be polluting were asked to be closed down.The
Court's judgment was based on the principle of sustainable development and the
polluter pays principle. The primary focus was on balancing the rights of the
industries and the preservation of a national monument.
2.
M.C.
Mehta v. Union of India, AIR 2002 SC 1696 (CNG Vehicles Case)
The principal issue was
the deteriorating air quality in Delhi due to vehicular pollution, and the need
for immediate measures to rectify the situation.
Judgment:
The Supreme Court
directed the Delhi government to convert all public transport buses to run on
CNG (Compressed Natural Gas) instead of diesel by a certain deadline.
The order also impacted
auto-rickshaws and taxis, which were directed to switch to CNG. The court also
took steps to ensure the timely establishment of sufficient CNG distribution
facilities in the city. The directions were given in phases to ensure smooth
transition and implementation. The Court's decision was driven by the principle
of prioritizing public health over financial implications. These two cases
highlight the proactive role played by the Supreme Court of India in addressing
environmental issues and the emphasis on sustainable development. M.C. Mehta's
efforts through these PILs were instrumental in bringing about significant
environmental reforms in the country.
From these Supreme Court
judgements, it can be drawn that the people’s health is bigger than any
festival.
Conclusion
In the whole nation,
Rajasthan, with a mortality rate of 112.5 per lakh of people, has the highest
death rate per lakh from air pollution. The report mentions that over 90,000
fatalities in 2017 were attributed to air pollution. In addition, the World
Health Organization's Urban Air Quality database revealed that Udaipur is one
of the five cities in Rajasthan that are included among the world's most
polluted cities. In 2020, the AQI on the next day of Deepawali was 67, in 2021
the AQI on the next day of Deepawali increased to 261and the same was recorded
at 195 in 2022. Furthermore, it is claimed that research demonstrates that the
cracker-emitted particulate matter always remains inside the lungs after
inhalation, leading to a variety of respiratory illnesses. The newborns of the
city of Udaipur continue to breathe air that is filthy, putting them at risk
for a number of illnesses. It is argued that prolonged exposure to contaminated
air can seriously jeopardise a child's physical and mental health, including
their ability to learn and behave appropriately. Additionally, there is a
strong correlation between PM and both the syndrome of sudden newborn death and
mortality linked to the respiratory system. According to some evidence,
breathing contaminated air during pregnancy might lead to undesirable pregnancy
outcomes such preterm birth, low birth weight, growth retardation, and physical
deformities.
The festival of Diwali is
about light not firecrackers, it is the duty of the state to protect its citizens
and the nature utmost as the environment does not belong to us, we belong to
the environments, which means we don’t own it we are just here for a few days
and its our duty keep it clean so that the other generations can enjoy it.
[1] I.A. No. 44727/2021 in WRIT
PETITION(C) NO. 728/2015.
[2] Large inter annual variation in
air quality during the annual festival ‘Diwali’ in an Indian megacity; https://www.sciencedirect.com/science/article/pii/S1001074215004374?via%3Dihub
.
Article Information
ENVIRONMENTAL DEGRADATION DUE TO FIRECRACKERS IN INDIA Arjun Gopal & Ors. Versus Union of India & Ors (ongoing)
Authors: SOUMYADIP CHAKRABORTY
- Journal IJLRA
- ISSN 2582-6433
- Published 2024/03/08
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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