ARTICLE 21

 UPSC GS MAINS IMPORTANT QUESTIONS

Does the right to clean environment entail legal regulation on burning crackers during Diwali? Discuss in the light of Article 21 of Indian Constitution and judgements of the apex court in this regard.


Article 21 of the Indian Constitution guarantees the right to life and personal liberty as a fundamental right. However from time to time, Supreme court through its liberal interpretation of fundamental rights has broadened the scope of right to life. Therefore right to clean environment is considered to be an essential part of the right to life Under Article 21.

Increasing air pollution in the National Capital Region has prompted Supreme Court to legally regulate the indiscriminate burning of crackers on the occasion of Diwali. However the court did not out rightly banned the burning of cracker as it comes under religious practice and banning it may go against the right to freedom of religion. Further Article 21 can also be widened to include the right to celebrate hence any ban on fire crackers could be interpreted as violation of the fundamental rights provided under Article 21.

In the recent judgement the Supreme Court refused to impose a blanket ban on people bursting crackers during Diwali, noting that it would be an unnecessary intrusion into personal liberties. However the court noticed that the widespread use of firecrackers during the festive season exposed vulnerable infants to severe respiratory disease.

It can be argued that both Right to adequate environment free from pollution as well as right to celebrate comes under the scope of Article 21. Therefore Supreme Court stroked a balance in its judgement by refusing to impose a blanket ban while maintaining an eight hour night time ban period on bursting of crackers. The court also highlighted government's failure to run a campaign to create public awareness during Diwali on the ill-effects of fireworks.



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