SC’s verdict on firecrackers | Fusion - WeRIndia

In order to reduce the environment pollution due to bursting firecrackers, a plea was filed in the Supreme Court seeking a ban on the manufacture as well as sale of firecrackers.

The Apex Court in this regard stated that there is a need to consider all aspects and both segments of people, the manufacturers of firecrackers and the citizens of the country while delivering its verdict.

Manufacturing of firecrackers is related to the livelihood of the manufacturers which is a fundamental right of livelihood. Whereas, the effect of bursting firecrackers is related to the right to health of entire citizens which comes under to right to life.

In other words, the right to life as per the Article 21 of Indian Constitution applies to the above both categories. Hence, a complete ban is not possible.

However, the Court issued certain guidelines. These guidelines are applicable not just to Delhi, but to the entire country as well.

Last year, the Apex Court temporarily banned the sale of crackers before Diwali. Yet, the Court did not agree with the plea for a complete ban on the firecrackers as it might deprive of the right of manufacturers to perform their business.

Moreover, crackers are not the only reason for rising air pollution, and certain other factors like wind and vehicle emissions are also contributing to this factor.

In this regards, the following guidelines were issued by the Court:

• The Supreme Court banned mixed series crackers, high decibel crackers and other crackers that have arsenic, lead, lithium, mercury etc.
• The crackers which do not meet the new standards cannot be sold in the Delhi-NCR region.
• Only green crackers and licensed manufacturers are allowed to be manufactured from now onwards.
• Online sale of crackers will not be permitted.
• Those found selling crackers online will be penalized.
• Community cracker bursting should be encouraged during festivals. All states should have to focus on the feasibility of this method.
• Crackers can be burst only between 8:00 pm and 10:00 pm during Diwali.
• During Christmas and New Year, the burst of firecrackers is allowed between 11:45 pm and 12:45 am.

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