A policy to curb pollution cannot be limited to Delhi solely because they are considered the "elite citizens of the country," the Supreme Court stated on Friday.
"If cities in the NCR (National Capital Region) have the right to clean air, then why don't people in other cities? Any policy should be for the whole country. We cannot make a policy just for Delhi because they are the elite class of the country," Chief Justice of India BR Gavai said.
The court made these comments while hearing a plea against its April 3 order that banned the sale, storage, transportation, and manufacture of firecrackers in the Delhi-NCR region.
"I visited Amritsar last winter, and the pollution there was worse than in Delhi. If firecrackers are to be banned, it should be across the whole country," the Chief Justice added.
During the hearing, senior advocate Aparajita Singh, amicus curiae in the Delhi pollution case, mentioned that "the elite class takes care of itself." She noted, "Whenever there is pollution, they move out of Delhi."
In April, a bench of Justices Abhay S Oka and Ujjal Bhuyan highlighted that a large section of the population works on the streets and is most affected by pollution. They pointed out that not everyone can afford an air purifier at home or work to combat pollution.
"Several orders from this court in the last six months show the terrible situation in Delhi due to high levels of air pollution... Right to health is a key part of Article 21 of the constitution, as is the right to live in a pollution-free environment," the bench stated.
The court added that unless it was convinced that the pollution from "so-called" green crackers was very minimal, there was no reason to reconsider the previous orders.
The top court explained that the orders issued at various times showed that the ban on firecrackers was necessary because of the "extraordinary situation" in Delhi.
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