How should the State balance Article 21's right to clean air with cultural practices and livelihoods? Illustrate with the firecracker debate.

The Supreme Court has read the right to breathe clean air into Article 21. In Arjun Gopal v. Union of India (2018) it held that public health outweighs the commercial interests of cracker makers. Yet it declined a blanket ban [1]. The right balance lies in proportionate, evidence-based regulation, not in absolute choices.

Competing claims: the firecracker illustration

• Clean air (Art. 21): Crackers add a sharp spike when cold, still winter air already traps dust, vehicle and stubble smoke in Delhi-NCR. The harm falls on children, the elderly and outdoor workers.
• Culture (Arts. 25, 29): UNESCO inscribed Deepavali on its Intangible Cultural Heritage list in 2025 [2]. A total ban risks being seen as hostile to faith.
• Livelihoods (Art. 19(1)(g)): Fireworks clusters such as Sivakasi depend on the trade. The Court weighed these business interests before choosing to regulate rather than ban [1].

Gaps in the current approach

• Technology fix: CSIR-NEERI developed "green" crackers and set up emission testing [3]. But they reduce emissions; they do not end them.
• Regulatory oscillation: The 2018 order allowed only green crackers, banned laris (joined crackers) and fixed time windows [1]. Later orders relaxed it festival by festival, which left policy uncertain.
• Weak verification: The developer also certifies the product, and fake "green" stock is hard to detect in markets.

How the State should balance them

• Proportionality test (Puttaswamy, 2017): Use the least restrictive effective measure, such as time windows, community displays and silence zones near hospitals.
• Evidence-led trials: CPCB should test crackers bought from shops, and pre-set AQI thresholds should trigger automatic curbs.
• Just transition: Fund R&D on alternatives like e-crackers [4], and offer reskilling and credit to workers.
• Airshed governance: The CAQM Act, 2021 created a body to coordinate pollution control across NCR and adjoining states [5]. Cracker rules belong inside its year-round plans, together with stubble, dust and vehicle controls.
• Behavioural nudges: Run public-awareness campaigns, as the Court directed [1], and promote diya-centred and community celebrations.

Clean air, culture and livelihoods need not be traded off against each other. Regulation that is graded, transparent and science-based can protect all three. If the State moves from ad hoc court orders to coordinated airshed governance and supports affected workers, it can honour both Article 21 and India's festive heritage while advancing SDG 3 and SDG 11.