Roadmap for Answer Writing
1. Introduction
- Definition of the Right to a Clean Environment: Introduce the concept of the right to a clean environment as an integral part of the right to life under Article 21 of the Indian Constitution.
- Context of the Issue: Briefly mention the cultural significance of Diwali and the environmental concerns associated with burning crackers.
2. Body
A. Legal Framework
- Article 21 of the Indian Constitution: Explain how Article 21 guarantees the right to life and personal liberty, which has been interpreted to include the right to a clean environment.
- Judicial Precedents: Discuss relevant Supreme Court judgments that have addressed the issue of environmental rights and the regulation of firecrackers.
B. Key Supreme Court Judgments
- M.C. Mehta vs Union of India (2001): Highlight the court’s emphasis on the right to a clean environment and its directives to control noise pollution from firecrackers.
- Arjun Gopal vs Union of India (2017): Discuss the temporary ban on firecracker sales in the Delhi-NCR region due to severe air pollution and the court’s directive to the CPCB to study the impact of firecrackers on air quality.
- Guidelines Issued in 2018: Summarize the guidelines that include restrictions on non-green crackers, designated time slots for bursting crackers, and encouragement for environmentally-friendly alternatives.
C. Balancing Cultural Practices and Environmental Concerns
- Cultural Significance of Diwali: Acknowledge the importance of Diwali celebrations and the role of firecrackers in these festivities.
- Legal Regulations as a Solution: Argue that legal regulations on burning crackers are necessary to protect public health and the environment while respecting cultural practices.
3. Conclusion
- Summary of Arguments: Recap the importance of the right to a clean environment and the role of legal regulations in managing the environmental impact of Diwali celebrations.
- Call for Continued Awareness: Emphasize the need for ongoing public awareness and adherence to regulations to ensure a balance between cultural practices and environmental sustainability.
Relevant Facts for Use
- Article 21: “The right to a clean environment is an essential aspect of the right to life” .
- M.C. Mehta vs Union of India (2001): “The Supreme Court directed measures to control noise pollution caused by firecrackers” .
- Arjun Gopal vs Union of India (2017): “The court imposed a temporary ban on the sale of firecrackers in the Delhi-NCR region”.
- 2018 Guidelines: “The Supreme Court issued guidelines restricting non-green crackers and fixed time slots for bursting crackers”.
The right to a clean environment is closely related to Article 21 of the Indian Constitution, which guarantees the right to life and personal liberty. This right has been interpreted by the Supreme Court to include the right to a clean and healthy environment.
Legal Framework and Supreme Court Judgments:
Article 21: This article ensures the right to life, which has been expansively interpreted by the Supreme Court to include the right to live in a healthy environment. This interpretation underscores that the environment directly impacts the quality of life, making environmental protection integral to the right to life.
Supreme Court Judgments:
Vellore Citizens’ Welfare Forum v. Union of India (1996): The Supreme Court emphasized that the right to a clean environment is part of the right to life under Article 21. It held that pollution control measures are essential to uphold this right.
M.C. Mehta v. Union of India (2005): In this case, the Court addressed the issue of air pollution caused by burning crackers. It ruled that the state has a duty to prevent pollution and ensure a clean environment, thus linking environmental regulations to the right to life.
M.C. Mehta v. Union of India (2018): The Court reiterated its stance on the regulation of firecrackers to control air pollution, especially during festivals like Diwali. It imposed restrictions on the sale and use of firecrackers to mitigate their adverse effects on air quality and public health.
Conclusion:
The right to a clean environment, as an extension of Article 21, justifies legal regulations on activities like burning crackers during Diwali. The Supreme Court has consistently upheld this right by implementing measures to control pollution, thus balancing festive celebrations with the need to protect public health and the environment.
Model Answer
Introduction
The right to a clean environment is a fundamental aspect of the right to life, as enshrined in Article 21 of the Indian Constitution. This article states that “No person shall be deprived of his life or personal liberty except according to the procedure established by law.” The right to a clean environment encompasses the right to clean air, which is essential for a healthy life.
Body
In the context of burning crackers during Diwali, the Supreme Court of India has addressed the issue through several landmark judgments aimed at balancing environmental concerns with cultural practices.
These judgments reflect the Apex Court’s commitment to protecting the right to a clean environment while acknowledging the cultural significance of Diwali. Legal regulations on burning crackers are essential to mitigate adverse effects on air quality and public health, thereby safeguarding citizens’ well-being.
Conclusion
The Supreme Court’s rulings illustrate a balanced approach that seeks to uphold the right to a clean environment while respecting cultural traditions. Legal regulations on the burning of crackers during Diwali are crucial for ensuring a healthier environment and protecting public health.