With Diwali round the corner on November 7, the Supreme Court on Tuesday refused to put a blanket ban on the sale of firecrackers across the country. The apex court ruled that firecrackers will be allowed to be sold but under stringent conditions. A bench comprising Justice AK Sikri and Justice Ashok Bhushan passed the judgement after hearing petitions from both the Central Pollution Control Board and firecracker manufacturers.
Last year, the court had suspended the sale of firecrackers in Delhi-NCR to check whether it will have a “positive effect” on the health of citizens and a steadily deteriorating air quality. But this time, the apex court allowed the sale of firecrackers with several restrictions.
Source: Indian Express
What are the restrictions?
- Time limit: On the day of Diwali, crackers will be allowed just for two hours (between 8 pm to 10 pm). The directions will be applicable during marriages and functions. For Christmas and New Year’s Eve, people will be allowed to burst crackers for only 35 minutes (between 11:55 pm to 12:30 am).
- E–commerce: The court said that crackers will not be sold on e-commerce platforms. One will have to approach licensed sellers to buy firecrackers.
- Community areas: In Delhi-NCR, designated community areas will be identified by the Central Pollution Board where crackers will be allowed for bursting. It means that citizens will not be allowed to burst crackers at private places.
- ‘Green’ firecrackers: Crackers will have to fulfill emission norms so as to keep potassium, barium and sulphur levels within prescribed limits. Also, strings of crackers (popularly known as ladi) has been banned this time.
- Monitoring: Station house officers (SHO) of police stations concerned will be responsible for implementing the apex court’s order. They will be held liable if the orders are flouted. Meanwhile, Central Pollution Control Board has been directed to monitor air quality 7 days before and 7 days after Diwali.
Source: Indian Express
What did the Central Pollution Control Board argue?
The pollution board had sought a ban on the manufacture, sale and possession of firecrackers across the country over the concerns of rising levels of pollution in the country. The petitioners argued that air pollution hits its nadir during Diwali because of
indiscriminate use of firecrackers, the chemical composition whereof increases harmful particulate matters such as PM2.5 or
PM10 at alarming level thereby bringing the situation of ‘emergency’.
What did the manufacturers argue?
The manufacturers reasoned that firecrackers are not the sole reason for the spike in the air pollution levels. They cautioned that such a ban would adversely affect the right to livelihood of those employed by this industry.
Source: Indian Express
What did the court rule?
The apex court acknowledged that burning of firecrackers during Diwali was one of the major contributors of pollution in the country. However, it said that continuing the suspension of licenses might be too radical a step to take for the present. It said that it was appropriate to adopt a graded and balanced approach, which is necessary, that will reduce and gradually eliminate air pollution. It also took into consideration the interest of those who had already been granted a valid permanent licence to posses and sell fireworks in Delhi and the NCR.
What are the reactions?
The apex court’s jugdement has not gone down well with many environmentalists and anti-pollution activists. Vijay Panjwani, advocate for Central Pollution Control Board told ANI, “Supreme Court’s orders are not very strict. We were expecting complete ban but that has not happened. Firecrackers will be allowed but there is time restriction as it will be allowed between 8 pm to 10 pm.”
Vimlendu Jha, a Delhi-based environmentalist told InUth that the judgement was unfortunate. “Supreme Court’s idea to strike a balance between sale of firecrackers and the protection of the environment is bogus. The livelihood of 5 lakh people cannot be a justification to put the lives of billions of people at stake,” he said.
He added that the restrictions which have been put in place by the court won’t serve any purpose unless the government steps in.
“It is not about legal or illegal sale of firecrackers. It is an issue of governance. Will the government bring in an ordinance to ensure clean air?,” he asked.
