Firecracker Ban On Roads Applies To All Festivities Year-Round Across Maharashtra: Bombay High Court Clarifies
Observing that the future generations must remain healthy and not be visiting hospitals for medical treatment, the Bombay High Court on Thursday (October 15) made it clear that its earlier order imposing a total ban on bursting of fire crackers on public streets would not be limited only to the Ganapti festival but the same would be applicable to all the religious festivals celebrated throughout the year, across Maharashtra.
A division bench of Justice Girish Kulkarni and Justice Dr Neela Gokhale clarified that its September 22 order imposing a total ban on firecrackers, loud music, laser light etc would be applicable to all the festivities.
"There cannot be any distinction between different festivities taking place throughout the year, during which issues of noise and air pollution continue to arise and which, according to the authorities, are required to be regulated under the Rules and Regulations, as noted by this Court, in the orders. Thus, any impression on the part of the authorities, whether the Police Authorities or the Municipal Authorities, that the order was confined only to the Ganpati festival is not a correct reading of the order, as is clear from its operative part. In other words, it cannot be that during certain festivities or seasons, there would be regulation and control, whereas during other festivities or seasons, there would be none. This is wholly untenable, to say the least. Thus, the order dated September 22, 2026 applies throughout the year and throughout the State of Maharashtra," the bench made it clear.
The bench expressed that its primary concern is the danger posed by the environmental pollution being caused by the burning of firecrackers, which assumes greater significance in view of the tremendous haze and smog experienced in major cities such as Mumbai, Pune, Thane, Navi Mumbai and Kalyan-Dombivli during the post-monsoon season, when severe air pollution persists.
The bench noted that it is a herculean task for the authorities namely, the Pollution Control Board, the Municipal Corporations and the State Government, to control / overcome this menace, which the judges said, is entirely a human creation.
"The concern today is the existing toxicity in the air, and the substantial addition to such toxicity being created by the burning / bursting of firecrackers during the festivities. It is not disputed at the Bar that on such issues, the citizens need to conduct themselves with a deep sense of awareness and consciousness to the rights of the co-citizens. In the present context, the right of the citizens, which would include children, senior citizens, persons who are sick or ailing and students etc., are adversely affected, not only by the collective noise pollution generated from the haphazard and unregulated burning of firecrackers, during festivities or otherwise, which is in breach of the decibel levels as prescribed under the applicable Rules, but also, by the smoke, fumes and toxic substances released into the atmosphere," the bench pointed out.
The judge highlighted the fact that the Air Quality Index (AQI) in Mumbai is presently alarming as recently at some parts of the city, the AQI went up to 425, even before the Diwali festivities would begin.
"At a given point of time, in several places in the city, even the ability to breathe fresh air becomes a matter of serious concern, affecting the normal life of the citizens, even depriving them of peaceful morning/evening walk. We find that the air pollution generated by the bursting of firecrackers releases a complex mixture of fine particulate matter, toxic heavy metals and harmful gases into the atmosphere. The ingredients of such chemicals used in firecrackers, their functions and their impact on human health. If this impact on health is taken into considertaion, certainly it is high time that the citizens become more concerned not only about their own lives and the adverse effects of prevailing air pollution, but also about such severe toxicity caused by the burning of firecrackers," the judges observed.
Noting the impact of firecrackers on the health of the humans, the judges observed that burning of firecrackers may be regarded as a means of enjoyment, amusement or expression of celebration but the same cannot be at the cost of societal health.
The bench said that there cannot be a situation in which the toxicity caused by such activities results in children, senior citizens and the persons suffering from ailments requiring medical treatment for short or longer durations.
"Children and young persons being adversly affected and falling ill on account of pollution by no means is an acceptable reflection of a healthy society. The future generation needs to remain healthy to meet the challenges of contemporary times, rather than spending their time visiting hospitals and receiving medical treatment. The societal cost in terms of such health hazards is too high, to be borne by those who silently suffer the ill-effects of toxic pollution, owing to the activities of a few who are least bothered about the impact of their actions on the society at large. This more particularly considering the alarming levels of pollution at present prevailing," the judges remarked.
The Almighty has gifted the human kind with immeasureable riches of nature, the bench pointed out, adding further that the normal expectation is that we do not destroy the natural habitat, which includes maintaining clean and fresh air, non-polluted waterbodies.
Further, the bench pointed out that Article 21 of the Constitution of India, guarantees right to life which includes right to clean and healthy environment. It also prescribes a fundamental duty Article 51A(g) for each citizen to protect and improve the natural environment.
"Considering such solemn constitutional principles, it would be duty of every citizen to individually and collectively take all efforts to conserve the environment by bringing a regime of pollution free cities, which would not foist the citizens with the ill-effects and diseases caused by pollutions of different kinds. It is this duty and obligation of every citizen towards the Society, is the concern in the present proceedings and in the context of the damage to the societal health caused by toxic air pollution generated by burning of firecrackers. It is high time that a deeper societal thought is generated on such issues of pivotal importance, this more particularly, it is necessary for the public at large to take a call whether the burning of firecrackers needs to be at all considered to be essential in the light of the severe damage the toxicity of such burning being caused. Even those who are burning firecrackers are not exceptions, even they would also suffer the hazards and ill-effects in whichever form such pollution may strike," the bench held.
The judge further said that unless the citizens rise to the need of the situation, and become conscious of the long term hazards of living in cities, which for such reason are converted into 'gas chambers,' things would worsen unless the official machinery does not undertake sensitisation, awareness, consciousness on such issues. It is not possible for the citizenry to run away from the cities when faced with such difficult situations, the bench said.
The judges further added no citizen can have any right to deprive the fundamental rights of the fellow citizens, of a guarantee of a pollution free environment, which is at the highest pedestal falling under the Right to Life guaranteed under Article 21. It is equally the duty of the State to protect such rights of the citizens by taking all possible steps so that the cities remain pollution free and habitable and not being converted into toxic cities, the bench said.
With all these observations, the bench clarified that there shall be a total ban to the bursting of firecrackers during festivities on public streets, roads, etc and accordingly have ordered the authorities to take all measures to implement the said direction and prevent air and noise pollution being generated by the use of firecrackers. A complete restraint on bursting firecrackers particularly in silence zones like the vicinity of hospitals. government offices, courts schools etc has also been ordered.
The Municipal Corporation and the Maharashtra Pollution Control Board are directed to jointly issue appropriate notices in the newspapers, electronic media, social media and other similar means of publicity, informing the public that the burning of firecrackers at public places, including streets, lanes, footpaths shall not be permitted. The notice, the judge ordered, shall apprise the citizens of the harmful effects of the toxicity caused by the burning of firecrackers and appeal to them to refrain from burning firecrackers that generate noise and cause smoke and air pollution.
Further, the authorities have been ordered to set up an awareness mechanism regarding the burning/bursting of firecrackers, within a period of one week. Such mechanism shall include awareness programmes at the school levels, public announcement through electronic/social media and the display of messages on buses, at bus- stops, in trains and at other appropriate places, well before the festivals. The citizens shall also be encouraged to use green crackers with lower noise and air pollution emissions and to adhere to the limited time periods prescribed under the applicable Rules and Regulations for burning firecrackers.
The matter would again be heard on November 25.