Youngest petitioners ever? Three infants approach Supreme Court for fireworks ban

This could very well be a case of nonchalance and ignorance of residents and rulers of the country driving three helpless persons to the court. Three infants have filed an Article 32 petition seeking a blanket ban on the use of fireworks and seasonal crop burning..The petitioners are, in fact, the children of three practicing lawyers of the Supreme Court – advocates Gopal Sankaranarayanan, Saurabh Bhasin and Amit Bhandari. Two of the petitioners are 6 months old while one is 14 months old..The Central government, Central Pollution Control Board, Delhi Pollution Control Committee and the Delhi Police Licensing Unit have been arraigned as respondents in the case..In the petition, a copy of which is with Bar & Bench, the petitioners have relied heavily on the deteriorating air standards of metro cities like Delhi and also the rise in air pollution levels during festivals like Diwali and Dusshera alleging violation of fundamental right under Article 21..The petition states that.“It is in the interests of the children who are claiming their fundamental right under Article 21 for a clean and healthy environment that the present petition is filed. The right to breathe clean air is essential for a conducive environment for their growth and development.”.According to the petition, Indian cities and particularly Delhi is suffering from grave pollution issues which affect the right to health of its citizens and Children are more gravely affected because of their less developed immune systems..The petition points out two major reasons for air pollution in Delhi – one, the seasonal crop burning and two, vehicular pollution. They have contended that,.“It is imperative that immediate steps are taken to ensure that crop burning in the surrounding areas of the Delhi/NCR are immediately stopped as they unleash several million tonnes of fumes and dangerous suspended particles into the air which are transported over Delhi by the seasonal winds.”.Regarding pollution from vehicles, the petitioners have submitted that,.“… it is necessary that the Central Government and State Governments take immediate steps to bring the Bharat Stage Emission standards in line with the highest international norms so that Euro-VI equivalent fuel, which is presently exported will now be used domestically and uniformly across the country. It is necessary that at the very least Bharat-V fuel be implemented with immediate effect and that rigorous penalties imposed and implemented on erring parties.”.The petition also points out another major reason for air pollution – use of firecrackers during festivals. Tracing the history of the use of fireworks to the mid twentieth century, the petitioners have contended that the same is a needless and harmful vice caused by innocent citizens in the spirit of celebrations not knowing or understanding the deep implications of burning these firecrackers which have grave and poisonous consequences. The petition states that,.“….there is nothing in the religious texts of any major religion practiced in India that advocates or calls for the use of firecrackers in celebrating festivals and the same cannot be claimed to be a right under Article 25 of the Constitution. . ….the custom of celebrating Diwali and other Indian festivals which have been using fireworks in recent years have to be viewed historically in the nature of the festival’s pith, substance and entirety. Merely because the late 20th century practice of celebrating national festivals has up till now involved the use of firecrackers does not by itself make them a custom or ritual.”.Relying on the above, the petitioners have, inter alia, prayed for issuance of a writ to the Respondents for the following:.– Ban on the use in any form, of firecrackers, sparklers and minor explosives in any form, for use during festivals or otherwise;.– Direction to the Respondents to ensure that seasonal crop burning is halted in favour of less harmful alternatives; .– stringent action against those who dump dust, malba and other pollutants without following due regulations and permissions, the failure of which will entail severe penalties; .– bring Bharat-V or better emission norms into operation uniformly across the country..As an interim measure, the petitioners have sought for a direction to the Delhi Police Licensing Committee to stay the grant of Temporary Fireworks/Firecrackers Licences in Delhi..The petition is likely to be listed for admission next week..Image taken from here..Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.