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SUPREME COURT HAS DISMISSED PLEAS AGAINST BAN OF FIRECRACKERS

SUPREME COURT HAS DISMISSED PLEAS AGAINST BAN OF FIRECRACKERS

Context:

Recently, the Supreme Court (SC) has dismissed appeals challenging the National Green Tribunal's (NGT) order which had put a complete ban on the sale and use of all firecrackers during the Covid-19 pandemic in NCR and other cities in India.

  • The order was given in the context of a poor Air Quality Index (AQI), due to the burning of crackers.

Background:

  • In 2017, the SC had banned the use and sale of toxic crackers during the celebration owing to Christmas, diwali, etc., on the basis of a petition filed by 2 infants.
  • They mentioned that the air pollution caused by various factors, especially firecrackers, had made Delhi a gas chamber.
  • They pleaded for their right to life.

Court’s Decision:

  • The court dismissed arguments that bursting crackers was a fundamental right and an important practice during religious festivals like Diwali.
  • The court mentioned that the Right to Freedom of Religion (Article 25) is subject to the Right to life (Article 21).
  • If a particular religious practice is threatening the health and lives of people, such practice is not qualified for protection under Article 25.

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