Supreme Court changes order banning sale of fire crackers in Delhi-NCR

NEW DELHI: The Supreme Court on Tuesday refused to impose a complete ban on sale of fire-crackers in Delhi during Diwali, but placed a number of curbs on its sale that will reduce the amount of crackers and the number of outlets selling it, a fact that may cause a shortage of crackers and push up prices.

A bench, comprising Justices Madan B Lokur and Deepak Gupta, reduced by half the amount of firecrackers that could be sold and also directed that the number of temporary outlets that could be allowed to sell it in the run-up to the festive season. The top court was dealing with a PIL seeking a complete ban on all firecrackers to check air pollution in Delhi.

The court lamented the government’s indifference to the problem posed by air pollution to the health of citizens, and put in place a graded plan that would in the next few years pare down the sale of crackers in Delhi.

Right to clean air is part of right to health, the court noted. As the first step towards this, the court directed the authorities to issue this year half the number of temporary licenses issued by Delhi police last year, and those with permanent licenses were asked to cut sales by half.

Acting on the PIL last year filed amid high air pollution levels reported after Diwali, the top court had on Nov 11, 2016, suspended all licences permitting sale of fireworks, wholesale and retail in the NRC region. It had later on July 31, 2017, banned the use of antimony, lithium, mercury, arsenic and lead in making crackers.

Every packet, it had ruled, would carry a label describing its chemical contents and the maker would be held liable if he fails to do so. The crackers should also conform to the noise standards.

The top court had also ruled that no license would be either granted or renewed till further court orders. This was later opposed by the fire-crackers association based in Sivakasi, Tamil Nadu.

Some 821fireworks industries situated in and around Sivakasi employ 2 lakh people. Another 3 lakh are engaged in ancillary and subsidiary industries connected with production and supply of crackers.

They argued for a lifting of the complete ban arguing that crackers were but only one of the factors contributing to pollution in Delhi. They claimed that crackers being burst around Diwali in and around Delhi cannot by themselves result in a substantial deterioration in air quality.

“… bursting of fireworks around Diwali would have only a temporary and transitory impact and not any long lasting effect.” Bursting of fireworks around Diwali does not explain high 2.5 levels particulate matter in Delhi a month after Diwali, they claimed.

The court ruled on their plea today. It stopped short of imposing a complete ban but imposed curbs on issue of temporary licenses – which are granted only for a maximum of 30 days. In Delhi, some 968 licenses were sanctioned in 2016. They would be reduced to half this year. The court also banned the use of strontium in crackers. The court noted that Chinese origin fireworks had already been banned.