Why ban on firecrackers in Delhi goes up in smoke each year

Delhi Police data shows that despite clear guidelines in place, not many people are arrested for either illegally selling or bursting firecrackers. In fact, in a week-long-period which included Diwali day, only 281 people were prosecuted last year -- 138 for selling and supplying firecrackers and 143 for bursting them.

Delhi may have had some form of a ban on firecrackers in place since 2017, but this has mostly gone up in smoke each time Diwali comes around. There has been a complete ban on firecrackers in Delhi since 2020.

There has been a complete ban on firecrackers in Delhi since 2020. (HT Photo)

Last year was Delhi’s worst post-Diwali day since 2016, with the air quality index (AQI) shooting up to a reading of 462 (severe) -- Delhi’s worst since the 445 (severe) the day after Diwali day in 2016 -- with the firecrackers adding to the high level of pollution caused by stubble burning in neighbouring Punjab.

Experts say lack of coordination between NCR states in executing such a ban, poor enforcement on the ground by the Police, and easy availability of firecrackers in the neighbouring states means the ban exists only on paper.

Cross-border sale a key element to inflow of firecrackers

This year too, the ban on firecrackers has been announced by the Delhi government in advance, with a complete ban, including on green firecrackers, in place till January 1, 2023. Delhi environment minister Gopal Rai, while announcing the ban on September 7, said the Delhi government also plans to crack down on the sale and delivery of firecrackers through websites. But experts say it is the cross-border sales from Uttar Pradesh and Haryana which will be difficult to control, thereby rendering the ban ineffective.

Bhargav Krishna, Fellow at the Centre for Policy Research (CPR) said a ban cannot be enforced in Delhi alone, and added that a regulatory body such as the Commission for Air Quality Management (CAQM) in NCR can utilise its powers to effectively ensure such a ban is in place across the national capital region. “Accessing firecrackers from neighbouring states is not difficult and even if state governments are imposing bans, they are being imposed at different times. The idea should be to crack down on manufacturers and ensure there is no stock in the first place, instead of trying to clamp down on violators on Diwali day.”

A senior Delhi police officer who asked not to be named admitted that while drives continue across the city, firecrackers can enter Delhi through both Uttar Pradesh and Haryana. “We continue to seize firecrackers in the run-up to Diwali each year. This year’s order on the ban is still awaited for Delhi, but the problem is that people can buy them by crossing over to Noida and Uttar Pradesh.”

Low prosecution rate and lenient fines

Delhi Police data also show that despite clear guidelines in place, not many people are arrested for either illegally selling or bursting firecrackers. In fact, in a week-long-period which included Diwali day, only 281 people were prosecuted last year -- 138 for selling and supplying firecrackers and 143 for bursting them during this period. The figure was highest in 2020, when 850 people were arrested on Diwali day for bursting firecrackers. This number figure was just 261 on Diwali day 2019 and 310 in 2018.

While provisions notified by the Delhi Pollution Control Committee (DPCC) in regard to noise norms allow offenders to be fined up to ₹1 lakh for repeat offences, the police generally books offenders under section 188 of the IPC (disobedience to order duly promulgated by public servant), which carries a sentence of up to 6 months and a fine of only ₹1,000.

A second senior Delhi Police official said the police are busy with fire incidents and law-and-order issues on Diwali. “In a single police station, not all staff will be deputed to attend firecracker calls on the ground as fire incidents are quite common and other complaints including noise-related calls are also received, so it becomes physically impossible to attend multiple calls at the same time,” added the officer, who asked not to be named

Bhavreen Kandhari, an environmental activist based in Defence Colony, who has made several calls complaining about the bursting of illegal firecrackers in her colony in the run-up to Diwali, says reluctance from the police to register a complaint is what leads to a low prosecution rate.

Awareness campaigns to help reduce use of firecrackers for celebration purposes

Anumita Roychowdhury, executive director, research and advocacy at the Centre for Science and Environment (CSE) says while the ban is an important step towards controlling the episodic spike in pollution, awareness campaigns are needed .

“During Diwali, there is a sharp rise in pollutants during a small window, which can stay in the air for a substantial period of time, so while a ban is beneficial, given that Diwali and firecrackers have become deeply rooted in our culture, it is important to ensure people understand why the ban is important,” she added.

There’s also the issue of firecrackers being used indiscriminately during weddings, with the police, again, turning a deaf year to the violation.

Radha Goyal, deputy director at the NGO Indian Pollution Control Association (IPCA) also says the absence of awareness campaigns and subsequent implementation of the law is what leads to a smokey Diwali each year in Delhi.

“There is a ban on the sale and bursting of firecrackers, but production has not stopped around the country. Invariably, these crackers will find a way to reach Delhi and the demand is generally met by neighbouring states. Awareness campaigns need to be supplemented with mass drives which crack down on the sources of these firecrackers, but cooperation from neighbouring states is equally important.”

A senior DPCC official said action on the ground will commence soon, with an action plan currently being prepared by the Delhi Police, DPCC and the revenue department.