SC signals time-bound firecracker use during Diwali, rules out blanket ban
The Supreme Court rejects a blanket ban on firecrackers but will impose strict time limits to balance Diwali celebrations with environmental health.
In a significant development regarding the upcoming festive season, the Supreme Court has indicated that it will not impose a total ban on firecrackers during Diwali. Instead, the apex court is leaning towards a middle ground that prescribes specific time windows for bursting permissible crackers to protect both public sentiment and environmental health.
Balancing Tradition and Environmental Health
A bench comprising Justices MM Sundresh and PB Varale addressed the long-standing tension between celebrating Diwali and the deteriorating air quality in northern India. The court observed that a complete prohibition would be unfair to those celebrating the festival, yet allowing unrestricted bursting throughout the day would pose a severe threat to the environment and vulnerable populations.
“We are neither going to agree for a total ban nor allow them to do it for 24 hours,” the bench stated, emphasizing the necessity of striking a balance through time-bound regulations. This decision aims to shield children, the elderly, and the sick from prolonged exposure to smoke and noise while still allowing for festive traditions.
Potential Shift in Firecracker Types
The court is also considering new suggestions to modify how firecrackers are used. During the proceedings, the bench expressed an inclination toward accepting a proposal to permit certain types of joint firecrackers, often referred to as ‘larri’, provided they meet specific safety and environmental conditions.
The legal process is currently awaiting crucial scientific data to determine exactly which types of crackers are safe for public use. Key points regarding the current status include:
- Barium-based Crackers: The Additional Solicitor General, Aishwarya Bhati, has requested time until October 15 to submit a report from the Central Pollution Control Board (CPCB) regarding barium-based firecrackers.
- Pending Outdoor Testing: The court noted that outdoor testing for these specific crackers is still required before a final decision can be made.
- Noise Restrictions: The court is reviewing whether certain categories of firecrackers could be permitted with a possible relaxation of existing noise-related limits.
The Long Road to Regulation
This matter stems from a landmark 2015 case where the Supreme Court began issuing directions to regulate the manufacturing, sale, and use of firecrackers. The primary driver for these regulations has been the recurring crisis of severe air pollution in Delhi-NCR and other northern states during the winter months.
While the court had previously enforced a blanket ban in the Delhi region, it has moved toward a more nuanced approach, such as the recent permission for approved green firecrackers during limited windows. The upcoming report from the CPCB will be the deciding factor in determining the specific categories of firecrackers that will be allowed for the 2025 festive season.