20 days on, ban on firecrackers in Delhi yet to be notified

A lack of a notification in this regard means that the government cannot take penal action against violators,

The Delhi government is yet to notify the ban on firecrackers that it announced earlier this month, as Delhi Pollution Control Committee (DPCC) officials said that the lieutenant governor is yet to approve it.

Environment minister Gopal Rai on September 9 announced a complete ban on all types of firecrackers, including green crackers, till January 1, 2025. (REUTERS)

The LG’s office did not respond to HT’s queries for a comment.

Environment minister Gopal Rai on September 9 announced a complete ban on all types of firecrackers, including green crackers, till January 1, 2025.

However, a lack of a notification in this regard means that the government cannot take penal action against violators, officials aware of the matter said.

Officials in DPCC, which issues a notification for the ban every year, said the process to notify a ban was underway, with the approval currently awaited from the Lieutenant Governor’s (LG) office. “We are working on the notification. All approvals required are first taken. The file is currently with the LG’s office,” said a senior DPCC official.

Announcing the ban on September 9, Rai said,“...Like last year, this time also, there is a complete ban being imposed on the production, storage, sale and use of all types of firecrackers so that people can be saved from pollution. There will also be a complete ban on the online delivery or sale of any kind of firecrackers.”

Last week, Rai announced a 21-point Winter Action Plan to combat air pollution in the Capital, which also included the ban on firecrackers. He, however, clarified that the ban has not been implemented yet. “It will be (implemented) when the notification of the ban will be out,” he had said during a press conference last Wednesday.

A significant delay was seen last year too in the notification of the ban -- it was announced on September 11, 2023 but notified nearly a month later, on October 9. In 2022, the ban was announced by the government on September 7, but was notified a week later, on September 14.

Experts said the delay defeats the purpose, as it allows people to purchase firecrackers within the window.

A police officer aware of the matter said that storing and selling of firecrackers without licence is prohibited by law, therefore action is taken on charges of negligent conduct with respect to fire and under relevant provisions of Explosives Act.

“Currently, the staff is vigilant but with Diwali more than a month away, there isn’t much action on the ground and shopkeepers are not selling. However, legal action can be taken if one is found storing firecrackers without a valid licence,” the officer said.

Earlier, those who purchased and burn firecrackers illegally were prosecuted under Indian Penal Code’s (IPC’s) section 268, which stipulated a fine of ₹200 and six months of imprisonment, and section 188, having maximum punishment of six months imprisonment and ₹1,000 fine, or both. Those involved in manufacturing, storing or selling of firecrackers were prosecuted under section 9(b) of the Explosive Act. In Bharatiya Nyaya Sanhita (BNS), IPC sections 188 and 268 have been replaced with sections 223 and 270.

The Delhi government first banned firecrackers in 2017, when the Supreme Court asked whether a ban on bursting crackers in the Capital would impact the air quality. Subsequently, the Supreme Court in 2018 banned all conventional firecrackers in Delhi-NCR, and allowed only “green” crackers without barium salts to be burst in the region. However, due to difficulty in differentiating between “green” and conventional crackers, the state government since 2020 began imposing a blanket ban on all firecrackers every winter season.

“This is something we are seeing each year, but to extremely poor enforcement. Even with the ban existing on paper, it is not enforced properly and in the present scenario, the ban has not been notified and people can simply purchase and store firecrackers,” said environmental activist Bhavreen Kandhari.