Supreme Court: Firecracker ban needs a ‘pragmatic, practical’ approach

The court backed awareness and safer alternatives while stressing that restrictions should be workable on the ground during the festive season.

The Supreme Court on Monday said a “practical and pragmatic” approach was needed to regulate firecrackers, stressing that religious sentiments should be respected while protecting public health.

The bench will hear the firecracker pleas alongside another pending case on October 15. (Hindustan Times/Representational)

The court was hearing a suo motu petition on the ban of firecrackers in Delhi-NCR. Last year, it allowed people to burst firecrackers on specified days and limited hours.

A bench headed by Chief Justice of India (CJI) Surya Kant said, “We will not hurt religious sentiments, but we would need to balance it. The moment we will pass a restrictive order, people will take it as a coercive action. We need to have a pragmatic and practical way.”

It suggested promoting less harmful crackers and creating public awareness about their impact on health.

Green Crackers and Enforcement Suggestions

The bench, also comprising Justices Joymalya Bagchi and V Mohana, directed that the case be heard along with the other petition pending before a bench headed by Justice MM Sundresh.

Representing firecracker suppliers, senior advocates K Parmeshwar and J Sai Deepak urged the court to consider last year’s order for this year’s festive season to ensure firecrackers are available ahead of Dussehra and Diwali. Parmeshwar also requested the court to allow the Centre to take a middle path.

Justice Bagchi questioned the link between firecrackers and religion. “We are primarily concerned about the health of citizens and the impact of bursting large quantity of crackers within a short duration.”

Senior advocate Aparajita Singh, assisting the court as amicus curiae, said limited hours allowed for bursting crackers had proved ineffective because of poor enforcement.

She urged the court to refer the matter to the Commission for Air Quality Management in NCR and adjoining areas. “It is nice to say that crackers should be burst for two hours. Cops cannot be there on every street. These restrictions do not play out on the ground. CAQM being an expert body can submit a report to the court,” the amicus said.

The bench asked Singh to submit her suggestions by October 15, when both cases are scheduled to be heard.

Stubble Burning and Crop-Residue Measures

The amicus pointed out that the issue of stubble burning should also be taken up ahead of winters. The bench remarked, “Stubble burning has substantially reduced.”

ASG Bhati said farmers were now able to ear money from crop residue. She agreed to file a response on the latest steps taken by Centre, including the financial incentives along with the ex-situ, in-situ measures for managing stubble.

Earlier Orders and Tests on Green Crackers

In a separate pending on green crackers, the court in 2018 imposed the blanket ban on crackers containing barium and barium salts after scientific studies by CSIR-NEERI indicated that their ignition released pollutants harmful to respiratory health.

Last month, the court allowed the Centre three weeks to specify the conditions under which new-generation green crackers could be permitted, observing that courts should give due credence to expert opinion in environmental matters.

The Centre had then informed the court that controlled laboratory tests conducted by NEERI on new-generation green crackers containing barium showed a 45% to 60% reduction in PM10 emissions. The Centre proposed open-ground tests at four locations, Delhi, Bhopal, Kolkata and Chennai, to assess their impact under actual conditions for which the court had allowed time till October 15.