“If citizens living in Delhi-NCR are entitled to pollution-free air, why not in the rest of the country?”: CJI Gavai

THE SUPREME COURT ON FRIDAY observed that clean air cannot be the privilege of the elite living in Delhi and the National Capital Region (‘NCR’) alone, stressing that people across the country were equally entitled to a pollution-free environment. The Court questioned why the round-the-year ban on the manufacture, sale and bursting of firecrackers was limited to Delhi-NCR and not be extended pan-India.

The observation came from Chief Justice of India B.R. Gavai, heading a bench that also included Justice K. Vinod Chandran, while hearing petitions questioning the blanket ban on firecrackers in the capital region. Petitioners argued that while restrictions during the winter months of October to February were understandable due to higher pollution levels, a year-round prohibition was excessive.

Chief Justice Gavai remarked that the ban could not be confined to Delhi-NCR merely because it is the national capital and the Supreme Court is situated there.

“If citizens living in Delhi-NCR are entitled to pollution-free air, why not in the rest of the country? Just because it is a national capital and the Supreme Court is there?” the CJI asked.

“I was in Amritsar last winter in connection with Gurpurb and the air pollution level in the city was higher than Delhi. Whatever policy has to be there, it has to be on a pan-India basis. We can’t have special treatment for Delhi because they’re elite citizens of the country,” he added, emphasising that if firecrackers are to be banned, the ban must apply nationwide.

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