Answer: 

Introduction:

The right to a clean environment is an essential aspect of the right to life, enshrined under Article 21 of the Indian Constitution, which states that “No person shall be deprived of his life or personal liberty except according to the procedure established by law.” The right to a clean environment includes the right to clean air, which is crucial for ensuring a healthy life.

Body:

In the context of burning crackers during Diwali, the Apex Court has taken cognizance of the issue and delivered several judgments to strike a balance between the right to a clean environment and the cultural practices associated with the festival.

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• In the case of M.C. Mehta vs Union of India (2001), the Supreme Court emphasized the right to a clean environment and directed the central government to take measures to control noise pollution caused by firecrackers, including the implementation of noise standards for firecrackers and restrictions on their use in residential areas.
• In the case of Arjun Gopal vs Union of India (2017), the Supreme Court imposed a temporary ban on the sale of firecrackers in the Delhi-NCR region to address the severe air pollution caused by the burning of crackers during Diwali. The court also directed the Central Pollution Control Board (CPCB) to study the impact of firecrackers on air quality and submit a report.
• In 2018, the Supreme Court issued guidelines on the use of firecrackers during Diwali, which included restrictions on the sale and manufacture of non-green crackers, fixed time slots for bursting crackers, and the designation of specific areas for community celebrations. The court also encouraged the use of environmentally-friendly crackers, which cause less air and noise pollution.

These judgments highlight the Apex Court’s efforts to balance the right to a clean environment with the cultural practices associated with Diwali. Legal regulations on burning crackers aim to minimize the adverse effects on air quality and public health while respecting the cultural significance of the festival.

Conclusion:

The Supreme Court’s judgments in this regard reflect a balanced approach that seeks to protect the right to a clean environment while respecting cultural practices. Legal regulations on burning crackers during Diwali can play a crucial role in ensuring a healthy environment and safeguarding the well-being of the citizens.

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