Q14.Does the right to a clean environment entail legal regulation on burning crackers during Diwali? Discuss in the light of Article 21 of the Indian Constitution and judgements of the apex in this regard.

The Supreme Court has expansively interpreted Article 21, the Right to Life and Personal Liberty, to encompass the fundamental right to a clean, pollution-free environment, forming the basis for environmental regulations.

Environmental and Health Impacts

Burning firecrackers, particularly during Diwali, significantly exacerbates air and noise pollution, causing severe health hazards like respiratory and cardiovascular issues.

Judicial Interpretation and Regulatory Directives

The apex court has consistently upheld the right to a clean environment. Consequently, it has issued directives regulating firecracker sales and use, including:

• Banning harmful chemicals (e.g., barium salts).
• Restricting bursting timings.
• Promoting 'green crackers'.

Balancing Fundamental Rights and Public Interest

These measures balance cultural practices with public health, aligning with the state's obligation under Article 48A and citizens' fundamental duty under Article 51A(g) to protect the environment.

Thus, legal regulation on burning crackers during Diwali is a necessary and constitutionally valid step, ensuring festivals do not infringe upon the fundamental right to a healthy environment for all citizens.