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The Supreme Court, on Tuesday ruled against imposing complete ban on firecrackers, but stated that only less polluting green crackers can be sold, through licensed traders even online selling of firecrackers is banned.
The bench comprising Justice AK Sikri and Justice Ashok Bhushan examined the interplay between the right to health and environmental protection under Article 21 on one hand and the rights under Article 25 and 19(1) (g)on the other. They stated that Article 25 should give away to Article 21 explaining if a religious practice is threatening the health and lives of people; such practice is not to entitled to protection under Article 25.
The court however refrained from elaborating more on this, taking into notice the lack of statistical data before it. Further it clarified that these are only prima facie views on the discussion pertaining to the argument based on Article 19(1) (g) and Article 25.
After issuing directions for tackling the expected increase in pollution levels due to bursting of firecrackers during Diwali in November it also indicated towards more stringent measures being applied in future, once adequate research and studies are conducted.
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