Supreme Court's Stance on Firecrackers: A Call for Effective Enforcement

Supreme Court Addresses Firecracker Regulations

New Delhi: On Thursday, the Supreme Court expressed its reluctance to impose a total ban on firecrackers, emphasizing that merely issuing orders each year is futile unless they are effectively enforced.

A bench comprising Justices M M Sundresh and Prasanna B Varale highlighted the importance of this issue, stating, "It affects every living being," during discussions regarding firecracker usage in the Delhi-National Capital Region (NCR).

Additional Solicitor General Aishwarya Bhati informed the court about the initiatives undertaken by the Delhi government and the Commission for Air Quality Management (CAQM) to combat air pollution.

The bench remarked, "Issuing orders without practical implementation renders them meaningless; it becomes a mockery," stressing the need for proper enforcement.

The justices noted that this is not an adversarial issue and urged authorities to take the matter seriously and act accordingly.

"Regulation is essential. Each year, we strive for a balance, but without cooperation from all parties, it cannot be achieved," they stated.

Acknowledging public sentiments, the bench indicated that while they are not in favor of a complete ban, they warned against pushing for a more severe stance.

The court suggested that authorities could engage well-known figures to promote public awareness about firecracker regulations.

"Why not enlist the help of prominent personalities, such as athletes, to raise awareness?" they inquired.

The bench insisted that relevant officials should be present on the ground to monitor the situation.

"Every year, our orders become academic. As a court, we aim for balance, but you must also take action," they reminded the law officer.

Bhati reiterated the measures being implemented by the Delhi government and CAQM to address air pollution.

"This year, the Delhi government has devised a comprehensive plan," she stated.

She outlined various measures set to take effect from November, including restrictions on older vehicles, construction activities, and staggered office hours in Delhi.

"We are prepared to tackle the pollution season, which unfortunately occurs," she added.

The Centre also informed the bench that discussions regarding the use of Barium in firecrackers are ongoing.

Bhati requested three weeks to finalize the consultation on the Barium issue.

The bench agreed to revisit this topic after three weeks.

The Supreme Court was reviewing two petitions, including a suo motu case addressing air pollution in the NCR, which encompasses firecracker use, stubble burning, and solid waste management. The other petition seeks a ban on firecracker manufacturing.

During the proceedings, an advocate serving as amicus curiae in the suo motu case highlighted that firecracker emissions release significant amounts of harmful particulate matter (PM) that can damage human lungs and other organs.

She noted a spike in the Air Quality Index (AQI) in Delhi-NCR during the recent Dussehra celebrations.

Addressing enforcement issues, the amicus pointed out the lack of a proper mechanism to verify whether the firecrackers sold are genuinely eco-friendly.

"Numerous reports indicate that firecrackers labeled as green were used last year in Delhi-NCR," she stated.

Senior advocate Gopal Sankaranarayanan, representing the petitioners in the other case, argued that the Supreme Court has issued multiple orders on this matter, but these directives have often been ignored.

He urged the bench to impose a ban on firecracker manufacturing.

Another advocate opposed the idea of a total ban on firecrackers.

During a hearing on September 30, the Supreme Court indicated it would neither enforce a complete prohibition nor permit continuous fireworks.

The bench emphasized the need to find a compromise by designating specific hours for firecracker usage.

Bhati had previously submitted a note suggesting that a limited and conditional relaxation might be considered for specific 'next-generation joined green crackers' as recommended by CSIR-NEERI, provided they meet applicable noise, emission, and safety standards.

Developed in collaboration with the Council of Scientific and Industrial Research-National Environmental Engineering Research Institute (CSIR-NEERI), these next-generation joined green crackers are designed to minimize barium salts and emissions.

The note further stated that these particular firecrackers could be allowed if manufactured by licensed producers, adhering to a noise limit of 125 dB(AI)/145 dB(C) peak and excluding banned chemicals.

In a notable relaxation ahead of Diwali, the Supreme Court had permitted the sale and use of green firecrackers in Delhi-NCR last October, with conditions aimed at balancing tradition with environmental and health concerns.

The court clarified that the use of green crackers would be restricted to specific hours before Diwali and on the festival day itself.

It also emphasized that this relaxation was only on a 'test case basis' and would be limited to the specified period.