Lives Of People More Important: Telangana High Court Directs State To Immediately Ban Sale/Use Of Fireworks During Diwali

The petitioner submitted that, presently the State is facing the Corona Virus pandemic. According to the medical literature, the Corona Virus adversely affects the lungs of the patients, besides adversely affecting the other organ systems of the body. Due to the infection of the lungs, the patients find it extremely difficult to breathe normally and to survive. According to the petitioner-in- person, the firecrackers and fireworks are known to pollute the quality of the air.

Since the winter season is setting in, the pollution created by the fireworks tends to hang in air, thereby jeopardising the lives of many and, especially, of the patients who are suffering from Corona Virus. Therefore, the petitioner-in-person prayed that the Government should be directed to ban the use of fireworks (firecrackers) by the people at large.

Mr. B. S. Prasad, the Advocate General, submitted that so far the Government has not taken any policy decision for banning the use of firecrackers during the Diwali festival. The Government merely hopes that people will continue to observe the safety precautions for COVID- 19.

The division bench was of the view that it is indeed, trite to state that, presently, the Nation and the State are struggling with the CO\/ID- 19 pandemic. In fact, according to many, the second wave of COVID- 19 has already commenced. It is common knowledge that COVID- 19 adversely affects the respiratory system. Moreover, the use of fireworks adversely affects the air quality. The bench observed that considering these two factors, the State of Rajasthan has already banned the use of fireworks during the Diwali season. Moreover, even other High Courts have banned the use of fireworks in their respective States.

"Much as the festivals may be important and may serve social purpose, nonetheless, the lives of the people are the most important. It is the bounden duty of the State to ensure that the lives of the people are protected and promoted in a meaningful way", reflected the bench, in passing the orders.