New Delhi: The Supreme Court on Friday observed that policies aimed at curbing pollution should not be limited to Delhi alone, remarking that the right to clean air must extend to all citizens, not just the so-called “elite” in the capital.

“If the cities of NCR (National Capital Region) have the right to clean air, then why don’t the people of other cities? Whatever policy is there, it should be at the pan-India level. We cannot make a policy only for Delhi just because they are the elite class of the country,” Chief Justice of India BR Gavai said, according to media reports. 

The remarks were made while hearing a plea challenging the Court’s earlier order, dated 3 April, which prohibited the sale, storage, transportation, and manufacture of firecrackers in the Delhi-NCR region.

As per the reports, CJI Gavai further commented, “I went to Amritsar last winter, and the pollution there was worse than in Delhi. If firecrackers are to be banned, then it should be in the whole country.”

During the proceedings, senior advocate Aparajita Singh, serving as amicus curiae in the Delhi pollution matter, pointed out that, “The elite class takes care of itself. Whenever there is pollution, they move out of Delhi.”

The issue of environmental equity was also highlighted in an earlier ruling from April by a bench comprising Justices Abhay S Oka and Ujjal Bhuyan. They noted that street workers and the economically disadvantaged are the most affected by poor air quality. “Not everybody can afford an air purifier at their residence or place of work to fight pollution,” the bench had said.

As per the reports in that same order, the court remarked,  “Several orders passed by this court during the last six months bring on the record the horrible situation which prevailed in Delhi due to very high levels of air pollution… Right to health is an essential part of Article 21 of the Constitution, so is the right to live in a pollution-free atmosphere.”

The Court clarified that unless it was convinced the emissions from so-called “green crackers” were minimal, there would be no reconsideration of the existing ban.

The bench underscored that the orders issued over time clearly demonstrated the need for restrictions due to the “extraordinary situation” caused by severe pollution in Delhi.