ARJUN GOPAL AND OTHERS versus UNION OF INDIA AND OTHERS

ARJUN GOPAL AND OTHERS versus UNION OF INDIA AND OTHERS

Court held that the health risks and environmental degradation from firecracker use warrant regulatory measures overriding commercial interests in public interest. Only improved and green crackers are permitted; manufacturing, sale, and use of other types of crackers and joined firecrackers are banned. Strict...

Source-derived case information.

Parties
Petitioner: Arjun Gopal and Others; Respondent: Union of India and Others
Jurisdiction
India
Judgment Date
23 October 2018
Procedural Posture
Writ Petition (civil) No. 728 of 2015 and Connected Petitions Under Article 32 / Final Decision on Directions Regarding Firecracker Use and Air Pollution
Outcome
Directions issued to implement regulatory regime balancing public health and economic interests; all applications disposed.
Legal Topics
Air Pollution, Firecrackers, Precautionary Principle, Article 32, Right to Healthy Environment
Environment Law Constitutional Law Public Health Air Pollution Firecrackers Precautionary Principle Article 32 Right to Healthy Environment

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Parties

Arjun Gopal and Others

Petitioner

Union of India and Others

Respondent

Procedural Posture

Writ Petition (civil) No. 728 of 2015 and Connected Petitions Under Article 32 / Final Decision on Directions Regarding Firecracker Use and Air Pollution

Legal Issues

  1. 1 Whether manufacture, sale and use of firecrackers should be banned or regulated due to hazardous air pollution in Delhi and NCR, especially during festivals.
  2. 2 What measures should be mandated to strike a balance between protecting health and the interests of manufacturers and traders.

Ratio Decidendi

Court held that the health risks and environmental degradation from firecracker use warrant regulatory measures overriding commercial interests in public interest. Only improved and green crackers are permitted; manufacturing, sale, and use of other types of crackers and joined firecrackers are banned. Strict enforcement, monitoring, and designated times/places are provided to balance competing interests.

Court Disposition

Directions issued to implement regulatory regime balancing public health and economic interests; all applications disposed.

Orders

  • Ban on manufacture, sale and use of firecrackers except improved crackers and green crackers.
  • Ban on joined firecrackers (laris).