In Brief
Three infants and their fathers challenged severe air pollution in Delhi caused by unregulated firecracker burning during Diwali, seeking a complete ban. The Supreme Court held that while firecrackers significantly contribute to dangerous PM2.5 spikes—increasing 2-3.5 fold on Diwali and reaching levels 29 times WHO standards—a complete ban would be disproportionate. Instead, it adopted a balanced approach: only reduced-emission and 'green' crackers are permitted; firecrackers with harmful chemicals (barium, antimony, lead, mercury, etc.) and joined crackers are banned; sales are limited to licensed traders, designated times (8-10 p.m.), and community areas; and online sales are prohibited. The Court reasoned that right to health (Article 21) prevails over business rights (Article 19) and religious practice (Article 25) when public health is threatened. The precautionary principle permits regulation without complete scientific certainty of harm.
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