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14 Indian J.L. & Just. 161 (2023)
Conferring the Rights to Air: A Way to Change Social Behavior in India

handle is hein.journals/ijlj14 and id is 171 raw text is: 











ISSN: 0976-3570


    Conferring the Rights to Air: A Way to Change Social
                          Behavior in India

                                                           Dr. Kavita Goel'


                                 Abstract

India is a land ofcelebrations in the name ofnationalfestival or religious festivals
or victory of individual or team. By celebration we seek to be entertained and
amused  at the cost of natural resources. In 2017, the Allahabad High Court bench
comprising  Chief Justice DB Bhosale and Justice MK  Gupta  held that every
citizen had the right to celebrate festivals in a peaceful manner. But now a day
over celebration with fire crackers and loud sound are going into the vein of
almost all life events whether big or small. In Ajay Goswami V. Union of India,
the  Supreme  Court  Upheld   the right of adult  citizens to entertainment
notwithstanding that such entertainment may be inappropriate for children. On
23rd October 2019, the Supreme Court ofIndia refused to impose blanket ban on
sale offirecrackers but allowed the sale of low polluting greenfirecrackers which
are within the permitted decibel limit and emission norms. This decision is in
parallel with the existing bunch of environment protection legislation except the
permission to use of green pollutants. These type of judgments and legislations
are made to make the human being enjoy and the nature weep. The pollution level
in New Delhi peaked on the morning just next day of Diwali celebration because
of unbridled right to celebrations. On Monday, i.e. 25th November 2019, the
Supreme  Court accused the Centre and Delhi government ofpoliticizing the issue
and said that the city is no longer livable and had become worse than hell.

Key  words: Green  Firecrackers, pollutants, environment protection, emission
norms, air and noise pollution, legal person, rights

I.      Introduction

The  man of our time is losing the power of celebration. Instead of celebrating,
he seeks to be amused  or entertained. Celebration is an active state, an act of
expressing reverence or appreciation. To be entertained is a passive state-it is to

1 Assistant Professor, Faculty of Law, The Maharaja Sayajirao University of Baroda,
Vadodara, Gujarat
                                                                       161


Vol. 14 No. 1

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