UPSC Mains Answer: Does the right to clean environment entail legal regulations on burning crackers during Diwali? Discuss in the light of Article 21 of the Indian Constitution and Judgement(s) of the Apex Court in this regard.

Difficulty Level: Medium

Pre-requisite: Understanding of Article 21 of the Indian Constitution and its expansive interpretation by the Supreme Court to include environmental rights, along with familiarity with key judgments like M.C. Mehta v. Union of India and Arjun Gopal v. Union of India

Sub-category: Indian Polity and Governance - Constitution, Fundamental Rights, and Judicial Activism

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The right to a clean environment is an integral facet of the right to life under Article 21 of the Indian Constitution, as interpreted by the Supreme Court in landmark judgments. This right imposes a duty on the state and citizens to ensure environmental sustainability, which includes regulating activities that cause pollution, such as the burning of crackers during Diwali.
The Supreme Court, in cases like Subhash Kumar v. State of Bihar (1991) and M.C. Mehta v. Union of India (1986), has consistently held that the right to life encompasses the right to a healthy environment. The Court has further reinforced this stance in Arjun Gopal v. Union of India (2018), where it imposed restrictions on the sale and use of firecrackers during Diwali to curb air pollution. The judgment emphasized the balance between cultural practices and environmental protection, recognizing that unregulated cracker burning violates the right to clean air, particularly for vulnerable groups like children and the elderly.
While Diwali is a significant cultural and religious festival, the state’s obligation to protect public health and the environment justifies legal regulations. The Court’s rulings reflect a progressive interpretation of Article 21, prioritizing sustainable development and the precautionary principle. Thus, legal regulations on cracker burning are not only constitutionally valid but also necessary to uphold the right to a clean environment.