Supreme court on Firecracker Ban and Right to Health
Context:
Recently, the Supreme Court of India held that no religion endorses polluting activities that infringe on citizens’ fundamental right to health and addressed the impact of firecracker pollution on public health.
Relevance:
GS-02 (Indian Polity)
Key Highlights:
- Delhi Police Concerns: Additional Solicitor General Aishwarya Bhati, representing Delhi Police, raised concerns over the short time for enforcing the ban effectively before Deepavali.
- Court’s Inquiry on Permanent Ban: The court questioned whether a year-round ban on firecracker sales and usage should be imposed, covering events beyond festivals, such as weddings and elections. The Delhi government, however, remained non-committal, citing consultations with residents’ welfare associations that oppose a Deepavali ban.
- Fundamental Right to Health: The Bench observed that activities like bursting firecrackers impact the citizens’ right to a pollution-free environment, essential for health.
Harmful Effects of Crackers:
- The chemicals in the crackers contain a lot of toxic chemicals such as cadmium, lead, chromium, magnesium, nitrates, carbon monoxide, copper, etc. and other heavy metals.
- If ingested, it causes life-threatening diseases related to the heart, lungs, and nervous system.
- Above all, noise pollution causes long-term and permanent ailments like hearing loss, sleep disturbance, asthma, etc.
- The air pollution caused by bursting crackers not only increases lung diseases but also contributes to the formation of a harmful ozone layer (a secondary air pollutant). It even contaminates soil and water.
Right to Health:
- It is a fundamental human right that guarantees every individual the highest standard of physical, mental, and social well-being that he/she deserves.
- Recently, the Rajasthan government enacted the Right to Health bill that ensures every inhabitant of the state the privilege to access costless services at all public healthcare facilities.
- Part IV of the Constitution, under the Directive Principles of State Policy (DPSP), guarantees social and economic justice to its citizens. Which directly or indirectly relates to public policy in terms of health.
- It encompasses equal access to healthcare services, essential medicines, and basic sanitation, along with the right to information and involvement in health policy and programme decision-making processes.
- The right to health is strongly connected to other human rights, like access to food, housing, education, and a healthy environment, all of which are crucial for sustainable development and reducing inequalities.
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