Supreme Court Questions Delhi Government on Lax Enforcement of Diwali Firecracker Ban to Curb Air Pollution

Supreme Court Questions Delhi Government on Lax Enforcement of Diwali Firecracker Ban to Curb Air Pollution


In response to severe concerns about air pollution in Delhi, the Supreme Court of India questioned the Delhi government on Monday regarding the apparent flouting of the firecracker ban during Diwali celebrations. Despite the ban being enforced to reduce air pollution, reports indicated widespread non-compliance, leading the court to demand an explanation from both the Delhi government and the Delhi Police.


Supreme Court Orders Affidavits from Delhi Government and Police Commissioner


A bench of Justices Abhay S Oka and Augustine George Masih requested that the Delhi government submit an affidavit detailing the steps taken to enforce the firecracker ban. The bench voiced concerns over reports indicating that the ban was not effectively implemented, thereby exacerbating the city’s air quality issues. It also directed the Delhi Police Commissioner to provide an explanation regarding the enforcement lapses, emphasizing that such violations fall under the Air (Prevention and Control of Pollution) Act, 1981, which was recently amended to focus primarily on penalties.


> "We want the Delhi government to immediately respond as to why this has happened. We will simultaneously issue notice to the Delhi Police Commissioner as to why there is non-compliance. We have to hear this immediately," remarked the bench, expressing its concern over the escalating pollution levels.


Possible Consideration of a Perpetual Firecracker Ban in Delhi


The bench further urged the Delhi government to consider a perpetual firecracker ban in the national capital to prevent the recurrence of high pollution levels caused by festive firecrackers. Both the Delhi government and Police Commissioner are to file affidavits within one week, indicating the steps they propose to ensure effective compliance in the future.


> "The affidavit by Delhi government and Police Commissioner to be filed in one week... In the meanwhile, Delhi government and other authorities must also take a call on the perpetual ban of these firecrackers," stated the court order.


Supreme Court Seeks Report on Stubble Burning from Haryana and Punjab


The court also called for data on stubble burning incidents from Haryana and Punjab, seeking an affidavit on the number of cases reported in the last ten days of October. Stubble burning remains a critical contributor to Delhi’s deteriorating air quality, particularly during the winter season. The top court emphasized the need for proactive action in tackling this source of pollution as well.


Concerns Raised by ASG Over Non-Compliance of Firecracker Ban


Additional Solicitor General (ASG) Archana Pathak Dave informed the court that there was a significant increase in air pollution on Diwali due to widespread non-compliance with the firecracker ban. According to the ASG, air pollution levels spiked dramatically on Diwali day, with the pollution rate rising from 10% to 27%.


Senior Advocate HS Phoolka Highlights Inadequate Enforcement of Ban


Senior Advocate HS Phoolka highlighted the lack of effective enforcement measures taken by the Delhi Police during Diwali. He cited personal incidents, such as a gathering outside his daughter’s residence in Hauz Khas, where people continued bursting firecrackers for hours, despite police presence. He added that the Supreme Court expressed concern over the limited power of the police in enforcing the ban and might consider giving them enhanced authority to curb such activities.


> "The Supreme Court said that now the offence of firecrackers is payable. They say we will consider giving more power to the police to enforce this ban on firecrackers," Phoolka remarked.


Central Government’s Response to Punjab’s Fund Request for Crop Burning


In addition to addressing firecracker-related pollution, the Supreme Court touched upon Punjab's request for funds to combat stubble burning. Punjab requested Rs 1,200 crore from the Central government to support measures against crop burning, which significantly contributes to winter air pollution in Delhi. The Central government has been asked to decide on the fund allocation by November 11, the date set for the next court hearing.


Hope for Improved Air Quality Through Supreme Court’s Intervention


Advocate Phoolka expressed optimism that the Supreme Court’s involvement would help bring positive changes to Delhi’s air quality. "It is quite hopeful that due to the intervention of the Supreme Court, the Delhi air probably will improve, and the children of Delhi and the people of Delhi will get to at least breathe in unpolluted, pure air," he stated, reflecting the anticipation of effective measures to reduce air pollution.


Conclusion


With mounting concerns over pollution levels, the Supreme Court’s active stance on the firecracker ban and stubble burning is expected to drive more stringent enforcement and policy changes in the coming years. The court’s emphasis on accountability, preventive measures, and potential perpetual bans reflects its commitment to improving air quality and public health in Delhi and surrounding regions.

Location: Varanasi, Uttar Pradesh, India

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