New Delhi, September 30: The Supreme Court on Wednesday indicated that it would not favour either a blanket ban on firecrackers during Diwali or their unrestricted use throughout the day, signalling that permissible firecrackers could instead be allowed within specified time limits.
A bench comprising Justices M.M. Sundresh and P.B. Varale observed that a complete prohibition could hurt the sentiments of people celebrating Diwali, while allowing firecrackers to be burst throughout the day could adversely affect the environment and vulnerable sections of society, including children, elderly people and those suffering from illnesses.
“We are neither going to agree to a total ban nor allow them to do it for 24 hours,” the bench said, emphasising the need to strike a balance between religious and cultural celebrations and concerns over air and noise pollution.
The court indicated that specific time windows could be prescribed for the use of permissible firecrackers during Diwali.
The bench was hearing the long-pending proceedings concerning restrictions on the manufacture, sale and use of firecrackers, particularly in Delhi-NCR and other northern regions where air pollution levels can deteriorate sharply around Diwali. The proceedings stem from the 2015Arjun Gopalcase, in which the Supreme Court has issued a series of directions regulating firecrackers.
The court also indicated that it was inclined to accept suggestions concerning the use of joint firecrackers, commonly known as ‘larri’, subject to stipulated conditions. “We are inclined to accept the suggestions made,” the bench recorded in its order.
Additional Solicitor General Aishwarya Bhati sought time until October 15 to place on record a report of the Central Pollution Control Board (CPCB) concerning barium-based firecrackers. She informed the court that outdoor testing of such crackers was yet to be conducted.
The bench granted the time sought and said it would consider the CPCB report before determining which categories of firecrackers could be permitted.
The issue of joint firecrackers has also been examined in the ongoing proceedings. In a September order, the Supreme Court recorded that, based on a CSIR-NEERI study, relaxation for new-generation joint firecrackers meeting the prescribed noise standard could be considered, subject to conditions relating to shell numbers, shell size and the interval between bursts.
In July, the apex court had sought the CPCB's views on whether certain categories of firecrackers could be permitted with possible relaxation in noise-related restrictions.
The Supreme Court has previously imposed restrictions on firecrackers, including permitting only improved or green crackers, prohibiting certain chemicals such as barium salts, and prescribing designated timings for bursting crackers. Its 2018 directions also restricted the use of firecrackers during Diwali to specified hours.
The matter remains pending, with the court expected to consider the CPCB's report before determining the categories of firecrackers and conditions that may apply during the upcoming Diwali celebrations.
