Refusing to order a blanket ban on the manufacture, sale and use of firecrackers, the Supreme Court on Tuesday allowed bursting of crackers with certain conditions, including timing and emissions.
Advocating a balance between festivities and the need to check air pollution, a Bench headed by Justice AK Sikri said only crackers with reduced emission and green crackers can be sold and manufacturers will have to adhere to permissible noise and emission standards.
It ordered a complete ban on all other crackers, including joined firecrackers popularly known as ‘laris’.
“On Diwali days or on any other festivals like Gurpurb, etc., when such fireworks generally take place, it would strictly be from 8 pm till 10 pm. On Christmas eve and New Year eve, when such fireworks start around midnight, it would be from 11:55 pm till 12:30 am only,” said the Bench, which also included Justice Ashok Bhushan.
The Bench made it clear that the order will apply across India and not only to festivals, but also wedding ceremonies where crackers are burst.
The top court ordered the Centre, NCT Delhi and state governments of the National Capital Region to allow only community fireworks during festivals wherever possible. Directing the police to ensure compliance of its directions, the Bench said the Station House Officer (SHO) of the area concerned would be hauled up for contempt in case its directions were violated. It banned online sale of crackers and said sale of crackers shall only be through licensed vendors. It means e-commerce outlets such as Flipkart and Amazon can’t sell crackers online.
Already manufactured crackers which don’t fall into the improved or green category crackers can’t be sold in the entire NCR, including the national capital.
The order came on petitions filed by three infants — Arjun Gopal, Aarav Bhandari and Zoya Rao Bhasin — through their parents, seeking a complete ban on crackers during Diwali on the ground that it adversely affected the health of millions of people, particularly children, as the air quality was already poor in the NCR.
Ahead of Diwali in October last year, the top court had banned the sale of crackers in NCR on an experimental basis to see its impact on air pollution. Later the ban was lifted on November 1, 2017.
Firecracker manufacturers have been demanding that they should be allowed to sell their product, citing various studies that showed other factors contributed much more to air pollution.
Indic Collective, a Chennai-based NGO, had opposed a blanket ban of crackers during Diwali contending it violated Hindus’ right to religion.
Advocating a balance between festivities and the need to check air pollution, a Bench headed by Justice AK Sikri said only crackers with reduced emission and green crackers can be sold and manufacturers will have to adhere to permissible noise and emission standards.
It ordered a complete ban on all other crackers, including joined firecrackers popularly known as ‘laris’.
“On Diwali days or on any other festivals like Gurpurb, etc., when such fireworks generally take place, it would strictly be from 8 pm till 10 pm. On Christmas eve and New Year eve, when such fireworks start around midnight, it would be from 11:55 pm till 12:30 am only,” said the Bench, which also included Justice Ashok Bhushan.
The Bench made it clear that the order will apply across India and not only to festivals, but also wedding ceremonies where crackers are burst.
The top court ordered the Centre, NCT Delhi and state governments of the National Capital Region to allow only community fireworks during festivals wherever possible. Directing the police to ensure compliance of its directions, the Bench said the Station House Officer (SHO) of the area concerned would be hauled up for contempt in case its directions were violated. It banned online sale of crackers and said sale of crackers shall only be through licensed vendors. It means e-commerce outlets such as Flipkart and Amazon can’t sell crackers online.
Already manufactured crackers which don’t fall into the improved or green category crackers can’t be sold in the entire NCR, including the national capital.
The order came on petitions filed by three infants — Arjun Gopal, Aarav Bhandari and Zoya Rao Bhasin — through their parents, seeking a complete ban on crackers during Diwali on the ground that it adversely affected the health of millions of people, particularly children, as the air quality was already poor in the NCR.
Ahead of Diwali in October last year, the top court had banned the sale of crackers in NCR on an experimental basis to see its impact on air pollution. Later the ban was lifted on November 1, 2017.
Firecracker manufacturers have been demanding that they should be allowed to sell their product, citing various studies that showed other factors contributed much more to air pollution.
Indic Collective, a Chennai-based NGO, had opposed a blanket ban of crackers during Diwali contending it violated Hindus’ right to religion.
