SC rejects blanket Diwali firecracker ban, signals limited use
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New Delhi: The Supreme Court has ruled out a complete ban on firecrackers ahead of Diwali, while making clear that their use cannot be allowed round the clock.
A Bench comprising Justices M.M. Sundresh and P.B. Varale said the court would seek a balance between the religious sentiments linked to Diwali celebrations and concerns over pollution, public health and the impact of firecrackers on vulnerable groups.
The court observed that a blanket prohibition could affect the sentiments of those celebrating the festival. At the same time, unrestricted bursting of crackers throughout the day could adversely affect children, senior citizens, persons who are ill and other living beings.
The Bench indicated that it may permit the use of specified categories of approved firecrackers during fixed time slots.
“We need to find a solution whereby we can give specified time, and we can specify what are the crackers to be used,” the Bench observed.
The remarks came during the hearing of a long-pending matter concerning firecrackers and their environmental and health consequences.
The court indicated that it was inclined to allow certain next-generation joint green crackers, subject to conditions relating to their manufacture, noise levels, the number and size of shells, and the interval between successive bursts.
The Centre, however, sought more time to submit the Central Pollution Control Board’s assessment of barium-based firecrackers. Additional Solicitor General Aishwarya Bhati told the court that outdoor testing of such crackers had not yet been completed and requested time until October 15.
The Supreme Court granted the Centre and expert agencies time to complete the exercise and listed the matter for further consideration on October 15.
The court also took note of the Union government’s proposal to permit specified next-generation joint firecrackers under safeguards concerning their design, shell size, number of shells and the gap between bursts.
It said some issues in the case overlapped with the proceedings in the M.C. Mehta matter concerning firecrackers in Delhi-NCR. The parties were permitted to raise the issue before the Bench headed by Chief Justice of India Surya Kant, which is hearing the Delhi-NCR matter, for a possible joint hearing.
The Bench clarified that it would not issue any order specifically concerning Delhi-NCR at this stage. Other applications, including pleas seeking a ban on the manufacture and sale of firecrackers, will continue to be heard separately.
In October last year, the apex court had allowed the limited sale and use of NEERI-approved green crackers in Delhi-NCR during Diwali, subject to strict conditions. The order permitted bursting of crackers only during prescribed hours and required enforcement agencies to ensure that only authorised products carrying QR codes were sold.
The court had also barred crackers containing barium or those not approved as green crackers by the National Environmental Engineering Research Institute, and prohibited the online sale and purchase of firecrackers. Pollution-control authorities were directed to monitor air, water and soil quality during the festive period and submit their findings to the court.
(Inputs from IANS)