Plea To Ban Firecrackers : Supreme Court Posts For Final Disposal On April 26

The Supreme Court on Tuesday decided to list the petitions filed seeking a ban on the sale, purchase and use of firecrackers in India on 26th April 2020 for final disposalA bench comprising Justice MR Shah and Justice Bopanna was considering the writ petition filed in 2015 by Arjun Gopal, Aarav Bhandari and Zoya Rao Bhasin, who were then aged between 6 months and 14 months, through their legal guardians, praying for urgent measures to bring down the "fatal" pollution level in the national capital, Delhi.The petitioners through Senior Advocate Gopal Sankaranarayanan and Advocate Pooja Dhar, among other things, sought a complete ban on use of firecrackers, sparklers and explosives during festivals.During the hearing, the Bench at the outset opined that the matter should be listed for final disposal before the next Diwali.Senior Advocate Gopal Sankaranarayanan appearing for the petitioner and Senior Advocate Dushyant Dave appearing for firecracker manufacturers submitted that they were ready to argue the case. However the Bench observed that the case was listed only to fix a date for the hearingThe Senior Counsels also submitted that bench should focus on the main issue regarding the firecrackers first. "In fact, illegal manufacturing is going on on a large scale. Authorities must ensure illegal manufacturing must stop. Please list in July" Mr Dave said" The petitioner has already succeeded. I don't know why they are pushing it beyond the scope. Your lordships have achieved a lot. Its on a narrow compass now." Mr Dave submitted" Everyone should spend their holidays in Delhi if they think we have achieved a lot" Mr Sankaranarayanan respondedTimeline:The Apex Court has since 2015 passed the following important orders while considering the present petition:In November 2016, the Supreme Court had asked the Central Pollution Control Board to study the harmful effects of substances used in the manufacture of crackers, and submit its report within three months. The bench headed by the then Chief Justice, T.S. Thakur, was concerned whether the substances used could lead to cancerous diseases.On February 10 2017, the bench of Justices Lokur and Prafulla C Pant had read CPCB's report and observed that some of the chemicals used in the manufacture of fire-crackers are dangerous and beyond the safety limit.In July 2017, the Court had set certain standards for firecrackers and had directed that no fire-crackers shall contain polluting substances such as, antimony, lithium, mercury, arsenic and lead in any form whatsoever. The court had made it clear that it was the responsibility of the Petroleum and Explosive Safety Organisation (PESO) to ensure compliance, particularly in Sivakasi, the hub of fire-crackers manufacturers, many of whom were arraigned as respondents in the present case.The SC had on October 9 2017 just before Diwali suspended the sale of firecrackers in Delhi and NCR in a bid to test whether the festival without firecrackers will have a "positive effect" on the health of citizens and a steadily deteriorating air quality. It was to test itself to find out whether there would be a positive effect of the ban on the air quality.In October 2018, Supreme Court had ruled against imposing complete ban on firecrackers but has said that only less polluting green crackers can be sold, that too only through licensed traders. The Court had banned online sale of firecrackers, restraining e-commerce websites from carrying out its sale.The Court had also fixed duration for bursting of crackers and ordered that crackers can be burst only in designated areas.On 29th October 2021, a bench comprising Justices MR Shah and AS Bopanna had issued a series of directions to ensure the strict implementation of its earlier orders banning the use of barium-based chemicals in fire crackers and allowing only the use of "green crackers".The bench had also directed the States/Union Territories to see that its directions issued earlier and today are strictly complied with in its true spirit and in toto. It also said that any lapse on part of State Governments/State Agencies and Union Territories shall be viewed seriouslyDetails of the petition:The petition sought that the temporary fireworks/ fireworks licenses granted by the licensing unit of the Delhi Police be stayed.The Petition reasons that fireworks generate a variety of air pollutants, like carbon monoxide, sulphur dioxide and nitrogen oxide, in addition to aerosols or particulate matter that worsens lung conditions like asthma."The quality of air in major cities in India is degrading by the day due to heavy traffic and industrialization, but this needless new gimmick in the name of celebration is posing a risk not only to us but our children and generations of Indians yet to be born. The amount of toxins and particulates released by fireworks are well documented by various research studies and scholarly papers. Apart from air pollution, the harmful effects through noise...

Plea To Ban Firecrackers : Supreme Court Posts For Final Disposal On April 26

Srishti Ojha

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