New Delhi [India], November 2 (ANI): The Supreme Court has emphasised that environmental protection is integral to religious practices and said that allowing the environment to degrade during Diwali celebrations, thereby creating health hazards for all living beings, defeats the very purpose of the festivities.
In its order concerning air pollution and the regulation of firecrackers in Delhi-NCR, a bench of Justices MM Sundresh and Prasanna B Varale observed that ancient Indian philosophy treated all living beings as one and regarded the environment as an integral part of religion.
“Philosophers and thinkers of Ancient India have always treated the environment as an integral part of religion. For them, all the living beings are one and the same. Life truly exists in every being and form, apart from human beings. In their profound wisdom, any religious practice, including the celebration of a festival, should facilitate this heightened thinking in every possible way,” the apex court said.
The bench noted that natural elements such as air, water, fire, earth and sky were treated as gods and worshipped with great reverence in ancient Indian traditions.
Acknowledging the religious, social, psychological and emotional significance of Diwali, the top court said the festival had evolved into a national and even international celebration, bringing joy and prosperity across communities.
“Ancient Hindu scriptures such as the ‘Skandapurana’ and the ‘Padmapurana’ refer to the use of lamps as a ritual while observing the festival of Deepawali.
"With the introduction of gunpowder in India a few centuries ago, the celebration underwent a change. This led to the introduction of bursting firecrackers, which have been extensively done for many years,” it added.
The top court observed that the use of firecrackers, although associated with religious celebrations, causes severe environmental pollution, particularly air and noise pollution, besides generating solid waste.
“Bursting of firecrackers, though constitutes a religious practice meant to celebrate the occasion, shall result in severe environmental pollution, especially air and noise, apart from the creation of solid waste,” the bench said.
It identified children, persons with disabilities and the elderly as particularly vulnerable to the harmful effects of pollution.
The apex court also expressed concern over the persistence of particulate matter (PM) in the atmosphere for several days after Diwali. It said these microscopic particles, once inhaled, enter the bloodstream and cause substantial damage to human health.
“These PM particles are so tiny and microscopic, that once they enter the human body, it becomes incapable of filtration. Thus, these particles freely enter the bloodstream upon being inhaled, causing substantial damage,” the order said.
The bench noted that the Delhi-NCR region had a peculiar geographical setting, with low wind speeds restricting the free movement of air and temperature inversion during winter further aggravating pollution.
Referring to the history of judicial interventions since 2018, the apex court said it had issued several directions to regulate firecracker bursting, particularly in and around Delhi-NCR.
The court's observations come amid deteriorating air quality in the national capital ahead of Diwali. The top court, while acknowledging the significance of Diwali celebrations, stressed that religious festivities must not come at the cost of public health and environmental protection.
The top court ultimately adopted a regulated approach, permitting the manufacture and sale of certified green crackers for a limited period and allowing their bursting only during specified hours on November 7 and 8.
It allowed the sale of approved green crackers from November 4 to 6 and their bursting between 6 am and 7 am and 8 pm and 10 pm on November 7 and 8. It directed that the complete ban on firecrackers be restored from November 9.
The bench said the celebration of Deepawali should promote hope, welfare and prosperity rather than undermine the health of people and other living beings.
“Allowing the environment to degrade, which results in a health hazard to all the living beings, defeats the very purpose of the festivities, and the celebrations would be rendered nugatory,” it said.
The court also emphasised that religious practices, including festivals, should promote a heightened sense of respect for nature and all forms of life. (ANI)
SC says firecracker bursting defeats spirit of Diwali, degrades environment; warns of health risks
