SC Refuses Complete Ban on Sale of Firecrackers; online Sale Banned; Duration For Bursting Crackers Fixed

1. Introduction

The Supreme Court has ruled against imposing complete ban on firecrackers but has said that only less polluting green crackers can be sold, that too only through licensed traders. The Court has banned online sale of firecrackers, restraining e-commerce websites from carrying out its sale. Court also fixed duration for bursting of crackers. On the day of Diwali and other religious festivals.[1]

In Arjun Gopal and others v UoI Supreme Court has passed a string of landmark directions which are certainly laudable and deserves to be implemented in totality. This landmark judgment will go a long way in ensuring that the environment is not slaughtered mercilessly by polluting it mercilessly

It has to be exclaimed with exuberance right at the outset that in a landmark judgment titled Arjun Gopal and others v Union of India and others in Writ Petition (Civil) No. 728 of 2015 with Writ Petition (Civil) No. 891 of 2016, Writ Petition (Civil) No. 895 of 2016, Writ Petition (Civil) No. 899 of 2016 and Writ Petition (Civil) No. 213 of 2017 delivered on October 23, 2018 [2].

2. Lets get a lowdown on what the Supreme Court judgment says-

1. It says that sale and burning of only green firecrackers be allowed in Delhi-NCR. The court orderedthat cleaner crackers be introduced in the market and usage of chemicals in production be banned.

2. The apex court says firecrackers must only be sold by licensed dealers and bans sale of old crackers in Delhi-NCR. Also, no e-commerce website is allowed to sell firecrackers.

3. The SC directed the Central Pollution Control Board (CPCB) to monitor levels of few metals seven days before and after Diwali

4. The courts asks authorities to minimise pollution by restricting the time of bursting firecrackers to 8pm-10 pm and spatial containment of pollution through community cracker bursting in areas identified by CPCB.

5. It also says the enforcement agency and local police will be held liable if banned crackers are burst in their areas.[3].

3. COURT PULLS UP DELHI COPS OVER CRACKERS SALE

During the hearing, the central government informed the court that detailed studies have been conducted by agencies, including CSIR- NEERI and PESO, in conjunction with firecracker manufacturers.[4].

"Formulations for the low pollution crackers have been created and approvals have been given by PESO. This court may consider lifting the ban and taking this case to its logical conclusion," submitted Additional Solicitor General Aishwarya Bhati.

The ASG informed the court that regulatory mechanisms including regular testing facilities, random sampling by police and local authorities and training of the manufacturers to ensure that the correct "low pollution" formulas are used for manufacturing crackers have been introduced.

"The RACE- Raw material, competition analysis and testing facility has been set up by the government and cracker manufacturers in August 2023, with a capacity to conduct 5000 sample tests per year," said the ASG.

"Quality control, emission testing and composition are being tested for low pollution crackers," the court was told. "More than 1000 cracker manufacturers have been trained," she said further.

On the other hand, Senior advocate Gopal Sankarnarayan, appearing for the petitioners, opposed the government's plea to allow the manufacturing of "green crackers."

We are not against particular community. We want to send strong message that we are here for the protection of fundamental rights of citizens, the Supreme Court said [5].

October 28, 2021 03:57 pm | Updated 04:04 pm IST - New Delhi

4. SO, WHICH FIRECRACKERS ARE ALLOWED?

In an order passed in October 2018, the Supreme Court had banned the use of barium salts in firecrackers and had further said that only items with reduced emission and green crackers would be permitted to be manufactured and sold On Diwali days or on any other festivals. It had also laid down the timing for the bursting of firecrackers, saying they could be used only between 8 and 10 pm and, on Christmas eve and New Years eve, between 11.55 pm till 12.30 am only.

The Union Environment Ministry had told Parliament in August this year that the reduced emission firecrackers allowed for use bring a 20-30 per cent drop in pollution.

The top court had also banned the use of what have been described as joined crackers like laris and said the noise generated by the bursting of firecrackers should be within permissible limits. It had also banned the online sale of firecrackers and said they can only be sold by licensed traders.[6].

5.Conclusion

Environment Minister Gopal Rai had on Monday announced the Delhi governments decision to ban all types of firecrackers. This winter, the manufacture, sale, storage, and use of all types of firecrackers will remain banned in Delhi. Licences will not be issued by Delhi police for the sale, storage, or manufacture of firecrackers, Rai had said.[8]. A bench of Justices AK Sikri and Ashok Bhushan had reserved the order on August 28 after hearing arguments of petitioners, firecrackers manufacturers, the Centre and the Central Pollution Control Board (CPCB). There is no complete ban on firecrackers in India, the Supreme Court has issued regulations against barium-based chemicals in firecrackers across the country. Earlier by order dated 11.11.2016, by way of interim directions, this Court directed the Central Government to :
i)suspend all such licences as permit sale of fireworks, wholesale and retail,
within the territory of NCR;
ii) the suspension shall remain in force till further orders of this Court; and
iii) no such licences shall be granted or renewed till further orders [7].

The Centre told the top court there should be a check on the manufacture and sale of high-decibel firecrackers, as it opposed the idea of a nationwide ban. SC asked Centre to suggest what will be done to curb air pollution and the impact it will have on firecrackers' manufacturers.The court observed a spike in PM 2.5 levels had hazardous health consequences[8].