"The Supreme Court's conditional approval of joined green crackers balances Article 21 against livelihoods." Critically examine.

In September 2023, in Arjun Gopal v. Union of India, the Supreme Court refused to allow joined crackers (chorsa) [2]. It has now allowed them on one condition: they must be made only from green crackers [1]. The order does move towards a balance between the right to clean air and livelihoods, but that balance is incomplete.

How the order strikes a balance

• Livelihoods: chorsa make up about 20% of fireworks output in the Sivakasi MSME cluster, so the order reopens a large product segment [1].
• Article 21 protected: the green-only condition keeps the Court's line against barium. In 2023 it had said that allowing barium because the formula was only 30% cleaner would be a "retrograde step" [2].
• Unintended harm reversed: during the ban, firms moved to aerial crackers, which need more expertise, and accidents reportedly rose [1].
• Proportionality: Article 19(1)(g), the right to carry on a trade, is regulated instead of being cancelled.

Where the balance falls short

• Green is cleaner, not clean: green crackers cut PM2.5 by only about 25–30% [2]. A chorsa sets off many crackers at once, so the leftover emissions add up. The Court itself asked whether the remaining particles are still a health hazard [2].
• Promise not kept: in 2020, a technical committee (PESO/DPIIT, CPCB, CSIR-NEERI) was set up to reach a 50–70% cut in emissions. That target has not been met [2].
• Enforcement gap: a CBI enquiry found barium being stocked despite the ban [2]. A green chorsa looks the same as an ordinary one.
• Workers still at risk: blasts keep happening, including at licensed units. They are usually caused by overstocking, subletting and untrained workers, not by which product is being made.
• Unclear terms: the detailed conditions had not been released when the order was reported [1].

Way forward

• QR codes and NEERI-led testing of raw materials, both proposed in the 2019 PESO–NEERI minutes [2].
• Public release of the committee's six-monthly formula reviews [2].
• PESO and Tamil Nadu action against subletting and overcrowding in units.

Overall, the order balances trade and health better than a blanket ban did. That balance will hold only if emissions keep falling and green-only production is properly enforced. Doing both would serve Article 21, Articles 48A and 51A(g), and SDGs 3.9 and 8.8, together with Sivakasi's jobs.