The
Supreme Court on Wednesday indicated that it would permit the use of
firecrackers during Diwali within specified time windows, ruling out both a
blanket prohibition and unrestricted bursting throughout the day.
A Bench of Justices M M
Sundresh and P B Varale said any regulatory framework would have to balance
religious and cultural sentiments associated with Diwali with concerns over air
and noise pollution, particularly their impact on vulnerable sections of
society.
“We are not going to
agree with a total ban. Nor are we going to allow them to do it for 24 hours,”
the Bench said. It observed that while a complete prohibition could affect
public sentiment, unrestricted use could have a “huge impact” on the
environment and on elderly people, those who are ill and children.
The Court said it would
consider prescribing specific hours during which permitted firecrackers could
be used after receiving a report from the Central Pollution Control Board
(CPCB).
Additional Solicitor
General Aishwarya Bhati sought time until October 15 for the CPCB to submit its
findings on barium-based firecrackers. She told the Bench that outdoor testing
of such crackers was yet to be conducted.
Bhati also suggested that the
manufacture of joint firecrackers, or larri, which are strings of individual
crackers connected by a common fuse and designed to explode sequentially, could
be permitted subject to conditions. The Court indicated that it was inclined to
accept the proposal. “During the course of hearing
ASG submitted information pertaining to joint firecrackers. We are inclined to
accept the suggestions made,” the Bench recorded in its order.
The Court was hearing a
petition pending since 2015 concerning restrictions on firecrackers in Delhi
and other northern states during the period when air pollution levels typically
deteriorate. It has passed several orders over the years regulating the
manufacture, sale and use of firecrackers in the national capital.
While firecracker use
had earlier been prohibited in Delhi in view of persistent air-quality
concerns, the Supreme Court last year allowed the sale and use of green
crackers in Delhi-NCR for a limited period around Diwali.
The Bench had, during
hearings in July and August this year, sought the CPCB’s views on whether restrictions
could be eased for certain categories of firecrackers.
During Wednesday’s
hearing, counsel also pointed to the likely deterioration in Delhi’s air
quality during the festival season, particularly with crop-residue burning
expected around the same period.
Senior Advocate K
Parameshwar, appearing for some firecracker manufacturers, argued against
imposing a regime specifically targeting Delhi. He submitted that the issue
required consideration at the national level and urged the Court to reconcile
the proceedings with a pending matter before another Bench concerning
firecracker restrictions.
The Supreme Court
subsequently granted the CPCB time to file its report on barium-based crackers.
It also noted that some
questions before it overlap with those arising in the other pending
proceedings. The Bench said it would be preferable for the matters to be
considered together by an appropriate common Bench and permitted parties to
mention the issue before the concerned Bench.
Applications seeking a
complete ban on firecrackers, along with other pending applications, will be
considered subsequently.