Can’t fully ban crackers, says Supreme Court

On behalf of the petitioners, senior counsel Abhishek Singhvi wanted the Supreme Court bench to cut the timings for firecrackers to shorter durations in the day and night and to restrict the use of crackers to five days — on Diwali itself and two days before and after.

He also wanted a direction that crackers should be burst only in designated places, like playgrounds, etc.

The CJI told the counsel that there is already a judgment passed by this court in 2005 wherein all aspects had been taken into consideration while imposing the ban between 10 pm and 6 am.

The CJI observed, “If a citizen wants to burst crackers in his house saying it is his right, can we say that you don’t do it How can we say that all those who want to burst crackers should go to Nehru Maidan We can’t be passing such orders.”

Justice Mishra endorsed the CJI’s comments and said “whatever order we pass must not be impossible to be implemented. It should be an effective order. We will only reiterate the 2005 order”.

Accordingly the bench in its interim order said the earlier directions on use of firecrackers will continue. It asked the Centre and states to give wide publicity in print and electronic media about the ill-effects of firecrackers from October 31 till November 12 and also asked the teaching community to actively spread awareness about the pollution caused by crackers.

In their response the Tamil Nadu Fireworks and Amorces Manufacturers Association, Sivakasi, and some Hindu outfits said, “Fireworks have been an inherent part of Diwali celebrations and not just Hindus, but people of other religions equally partake in this festival. Light and noise of crackers are symptoms of Diwali celebrations whereas darkness and silence denote sorrow and grief.”

In its response the Centre indirectly supported the Hindu outfits opposing the ban, saying that bursting of firecrackers during Diwali was not the only cause of air pollution. Air pollution is dependent on several factors, like industry, aviation, railways, shipping, construction activity, geo-climatic conditions, burning of crop remnants, vehicular emissions, increasing number of vehicles and other factors. The bench directed the matter to be listed for final hearing in the first week of February 2016.