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Supreme Court of India 2018-10-23

Arjun Gopal and Others vs Union of India and Others

Bench: 2 — A.K. Sikri

In Brief

This case involved three infant petitioners seeking to protect their right to health from severe air pollution caused by firecracker burning during Diwali in Delhi and NCR. The Supreme Court balanced competing rights: the fundamental right to health and clean air under Article 21 against manufacturers' business rights under Article 19(1)(g) and the religious practice argument under Article 25. Based on evidence that firecrackers significantly increase PM2.5 levels and cause respiratory and other health problems, the Court adopted a balanced regulatory approach: permitting only reduced-emission and 'green' crackers, banning joined crackers and Barium, restricting sales to licensed traders, limiting firecracker use to specified time windows, and encouraging community displays. A complete ban was not imposed, but the Court retained the option to adopt stricter measures based on future health impact studies.

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Environmental Law Air Pollution Public Health Fundamental Rights Precautionary Principle Firecrackers and Fireworks Right to Health vs. Right to Business Religious Practice Regulation Consumer Protection

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