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October 11, 2017

Does the firecrackers ban in National capital region (NCR) ensure Right to clean environment enshrined in Article 21? Analyse.  

Refer - The Hindu

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IAS Parliament 6 years

KEY POINTS

·        Supreme Court reinstated the 2016 temporary ban on the sale of fireworks in Delhi-NCR

Fundamental right

·        Supreme Court interpreted the Right to Life, enshrined under Article 21 of the Indian Constitution implicitly guarantees Right to clean environment.

Unaddressed issues

·        Much bigger factors like vehicular pollution, industries, waste burning, generators, crop residue burning contribute more to the disastrous air quality of Delhi.

·        The focus on fireworks alone seems disproportionate.

·        A temporary ban during the festival season will be a piecemeal solution.

·        Coming just before the festival, it will be tough to impose the ban on an industry that has already produced stocks.

·        A temporary ban might drive sales in black markets at inflated prices, thus will erode the original intent of apex court.

·        Without addressing the major source of pollution, a temporary ban will only give temporary results.

Way forward

·        Instead of ban, there should be a persuasive approach to give up the practise.

·        Holistic solutions that backed by sustained policy initiatives are needed to address multi-dimensional issues like pollution.

·        Innovative ideas bagged by vigorous campaigns are needed to help people shift to eco-friendly ways.

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