In a significant move to address the deteriorating air quality in the Mumbai Metropolitan Region, the Bombay High Court has set restrictions on the bursting of firecrackers during Diwali. This decision comes in response to a suo motu public interest litigation and raises concerns about the poor Air Quality Index (AQI) in the city. The Court, presided over by Chief Justice Devendra Kumar Upadhyaya and Justice GS Kulkarni, acknowledged the need for a balance between the citizens’ right to celebrate the festival and the importance of environmental well-being.
The Timings of Celebration
The Bombay High Court’s directive specifies that the bursting of firecrackers in Mumbai should be limited to a three-hour window, from 7 PM to 10 PM. This decision is not an outright ban on fireworks but rather a measured response to mitigate the impact on air quality.
Considering Expert Opinions
The Court refrained from imposing a complete ban on firecrackers, citing a lack of expertise in determining the extent to which they contribute to air pollution. Instead, it called upon the State government to consider the measures outlined in judgments from the National Green Tribunal (NGT) and the Supreme Court concerning the use of firecrackers.
Balancing Rights and Environmental Concerns
In recognizing the complexity of the issue, the Court highlighted the citizens’ rights under Article 25, which grants the right to freely practice religion subject to certain restrictions. It emphasized that citizens now face a choice between a disease-free environment and celebrating Diwali with fireworks. The Court underlined the need to make an informed decision in the best interest of the entire city.
Debris Transportation Restrictions
During the proceedings, the Court also deliberated on the possibility of temporarily halting the movement of vehicles carrying construction debris to and from construction sites during the Diwali period. However, this proposal faced opposition from the State government and the Brihanmumbai Municipal Corporation (BMC), who expressed concerns about the impact on essential public infrastructure projects. Despite this opposition, the Court ordered that all construction materials must be transported in wholly covered trucks or mixer plants.
Air Pollution Mitigation Plan
The Court stressed the importance of the Mumbai Air Pollution Mitigation Plan, which was framed by the BMC in March 2023. It called for the plan’s strict implementation and held the Assistant Municipal Corporation of each ward personally liable and accountable for any lapses in its execution.
Expert Committee Involvement
To ensure a comprehensive approach to tackling air pollution, the Court appointed a committee of experts from the Council of Scientific & Industrial Research-National Environmental Engineering Research Institute (CSIR-NEERI) and the Director of State Health Services. Their involvement is expected to provide valuable insights and guidance for addressing air quality issues in the region.
In conclusion, the Bombay High Court’s decision to restrict the bursting of firecrackers during Diwali represents a thoughtful approach to balance the rights of citizens with the pressing need to address air quality concerns. The three-hour time frame and the emphasis on complying with existing judgments and air pollution mitigation plans reflect a commitment to environmental responsibility. This decision underscores the importance of individual choices and collective efforts in safeguarding public health and the environment.
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FAQs
- Is the Bombay High Court banning firecrackers during Diwali?
- The Bombay High Court is not imposing a complete ban on firecrackers but has restricted their use to a specific time frame from 7 PM to 10 PM.
- What is the rationale behind this decision?
- The decision aims to balance citizens’ rights to celebrate with the need to address deteriorating air quality, giving them the choice between a disease-free environment and festive fireworks.
- What measures are the State government considering for controlling firecracker usage?
- The State government is expected to consider the measures outlined in judgments from the National Green Tribunal (NGT) and the Supreme Court.
- Why is there a focus on transporting construction materials in covered trucks?
- This measure is intended to reduce the impact of construction debris on air quality and public health in Mumbai.
- How will the expert committee’s involvement help address air quality concerns?
- The committee of experts will provide valuable insights and guidance for tackling air pollution and improving air quality in the Mumbai Metropolitan Region.
