The Supreme Court has highlighted the importance of striking a balance between religious feelings and public health considerations regarding restrictions on firecrackers in the Delhi-NCR region. On Monday, during a suo motu hearing related to air pollution, the bench, which included Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana, noted that voluntary actions by citizens would be more effective than reliance solely on judicial mandates.

The Chief Justice remarked that the court does not wish to undermine religious values yet insisted on the need for public awareness about the detrimental effects of firecrackers. He urged citizens to adopt safer practices for celebrating festivals while keeping environmental concerns in mind.

The bench reiterated that the focus should be on a thoughtful approach, encouraging individuals to voluntarily opt for less harmful celebration methods. The court believes that enhancing awareness in civil society regarding the impacts of pollution will yield better results than coercive measures.

Discussion on Pollution Management Strategies

During the proceedings, issues such as stubble burning and effective solid waste management were also discussed. The court explored practical measures to tackle pollution, especially with the festive season approaching. The Chief Justice noted that there is an opportunity to encourage celebratory practices that do not exacerbate air quality issues.

Justice Bagchi raised questions about the religious justifications for using firecrackers, prompting discussions about the health implications of air pollution, specifically for vulnerable groups such as children and the elderly. Senior advocate Aparajita Singh, assisting the court as amicus curiae, argued that the health risks should outweigh any cultural practices linked to firecracker use.

Singh pointed out that previous attempts to enforce limitations on firecracker usage had proven ineffective due to lack of proper implementation. She suggested referring the matter to the Commission for Air Quality Management (CAQM) for an in-depth examination of the evidence and medical concerns raised.

Proposed Solutions and Future Directions

The Supreme Court expressed caution regarding the issuance of directives that could be perceived as impractical to enforce. The Chief Justice emphasised that it is crucial to ensure any decisions made are manageable and enforceable, citing concerns that overly restrictive measures could be viewed negatively by the public.

The court elaborated on the need to promote less polluting alternatives to firecrackers, while potentially limiting the distribution of those that are excessively harmful. The Chief Justice suggested reinstituting traditional practices such as lighting lamps and using sparklers as alternatives to firecrackers.

The bench also discussed the idea of producing educational materials to encourage the public to minimize firecracker use and adhere to specified timings throughout the festive season in an effort to reduce air and noise pollution. Proposals for creating awareness could be submitted to the CAQM for further review.

In relation to stubble burning, Justice Bagchi mentioned state proposals aimed at purchasing crop residue and exploring its commercial viability. The Chief Justice noted that crop residue has significant economic potential for farmers and suggested establishing a market to reflect this value.

Additional Solicitor General Aishwarya Bhati informed the court about an existing policy framework addressing both in-situ and ex-situ management of crop residue. Bhati confirmed that a detailed affidavit outlining the actions taken would be submitted. The amicus curiae added that the government had introduced various schemes and financial incentives aimed at combating stubble burning. The court is scheduled to continue its discussions on this matter on October 15.

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