Toddlers legal battle in Supreme Court leads to ban on fire crackers in NCR

NEW DELHI: In a first of its kind petition in judicial history, three infants - 2 six-month-old Arjun Gopal and Aarav Bhandari and 14-month-old Zoya Rao Bhasin - had moved the Supreme Court in September last year, days before Diwali, through their advocate fathers to seek several measures to mitigate pollution and exercise their right to clean air guaranteed under Article 21 of the Constitution.
“Our lungs have not yet fully developed and we cannot take further pollution through bursting of crackers," three infants had said in their petition seeking a ban on crackers during Dussehra and Diwali besides a host of measures like implementation of Bharat V norms for vehicles to arrest the capital's worsening air quality.
The Supreme Court Rules permit minors to file petitions for the protection of their fundamental rights through their parents and guardians who term themselves as 'next friends'.
The court had last year refused to pass order to ban fire crackers but as air quality in the city kept deteriorating and pollution level rising to a life threatening level, the court was virtually left with no option but to take an extreme step of banning the sale of crackers in NCR.
The petitioners had said, "Over the last two years, Delhi has retained the unique distinction of being the most polluted city in the world. The levels of particulate matter are highest, and across the country, over 7 lakh deaths occur annually due to air-pollution related diseases”.
"Studies show that Indian citizens have 30% lower lung capacity than Europeans, and that children are the worst affected, as their lungs have not yet fully developed and their systems are vulnerable. In Delhi, a majority of the pollution is caused by over 500 million tonnes of crop residue burnt annually in neighbouring areas, by polluting trucks that pass through the city during the night, road dust and pollution from industries,”they contended.
Agreeing with their contention, the a bench of Chief Justice T S Thakur and Justices A K Sikri and S A Bobde said that time had come come to change the mode of celebration on festivals and marriage ceremonies.
The court noted that respiratory health, lung function to palpitation, vision to blood pressure, of children in Delhi, between four and 17 years of age, were worse off than their counterparts elsewhere. It also noted that 40 percent of the school children suffer from lung damage.
It also directed Central Pollution Control Board to study and prepare a report on the harmful effects of the materials which are currently being used in the manufacture of fireworks. The court directed the board to submit its report within three months.