The Supreme Court has lifted the ban against the use of firecrackers in Delhi/NCR. Apparently, the Court didn’t find “any degree of great certainty, that the extreme poor quality of air in Delhi, in November and December 2016, was only due to the bursting firecrackers...’ True that. But...
The Supreme Court is right in assuming that there are other demons contributing to the horrific state of air pollution in Delhi/NCR. The Supreme Court, while banning the use of firecrackers in 2016, observed that the air pollution in Delhi post-Diwali was the highest in the world, and 29 times above the permitted WHO standards.
And yet, the ban that passed last year, stands withdrawn this year, before the onslaught of air and noise pollution begins. So we effectively enjoyed the ban when we needed it not.
One really wonders why a public interest litigation of this intent met its tragic end, escaping the bullets with a bullet proof vest, and then snapped its neck tripping on open shoe-laces. It’s just kismet, I guess. And it’s in our kismet that we inhale toxins of all kinds indiscriminately.
While the Learned Judge did fleetingly mention the relevance of the adage ‘prevention is better than cure’, he also opined that banning firecrackers was an ‘extreme step’ and that 50,00,000 kgs of firecrackers in Delhi and NCR, were ‘more than enough’, this festive season.
50,00,000 kgs of firecrackers!!!
This atrocious figure of 50,00,000 kgs really cracks me up, and my angry hysteria brings to the fore faces of all the people (young and old) I know, who cough and gasp for breath with strained expressions and reddening eyes, because someone is bursting firecrackers in the vicinity.
While these hapless breathless folks will exert their fundamental right to life by purchasing expensive room air-purifiers and inhalers, the fireworks, air-purifiers and medicines industry will laugh their way to the bank.
Thank God someone’s loss is someone’s gain, or it would be a lose-lose situation for all, and finally the economy shall boom, GST notwithstanding.
So after the initial anger subsided, I put on some calming Theta music on YouTube (it’s free) and again perused the judgment of the Supreme Court, sifting and sieving the same for some grains of logic, and found plenty of it for sure.
It was logical to state that firecrackers are not the only source of air pollution, and that the burning fields of Punjab and Haryana, the vehicles and all that jazz contributed extensively to the stifling air quality.
But what my little brain doesn’t comprehend is why didn’t the Court cut out an air pollution source when it could. Even if it is an extreme step, isn’t it about time for the judiciary to take extreme steps?
I am befuddled in indignant confusion as to why the Court pandered to the whims of the firecracker industry when it directly attacks the right to life of the country’s citizens at large?
Why must we not stop one source of air (and noise) pollution when we can? Surely the judiciary is not waiting for a package deal to end all sources of air pollution in an all-comprehensive full and final settlement, because that day will never dawn.
Today, the Court has offered solutions like educating school children against bursting crackers and conducting a research for ‘studying ambient air quality in relation to bursting of crackers’. But the ban against bursting firecrackers has been lifted, and we must say a prayer of gratitude (in whatsoever vernacular and religion) to thank the Almighty (Not the Court silly people) that Delhi/NCR will have to endure only 50,00,000 kg of firecrackers this Diwali.
It also may be a soothing idea to see an old Hindi movie, where AK Hangal looks helplessly and sadly and resigns himself to his misery saying ‘Sab upar wale ki marzi hai’.
(Mr. Amit Bhasin is listed in 'The International Legal Whos Who of Business Lawyers ' for the year 2009-2017. )
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