Firecracker ban in Maharashtra applicable throughout year: HC

A division bench of justices Girish Kulkarni and Neela Gokhale effectively extended the ban first enacted during Ganeshotsav in September into a permanent, year-round restriction

MUMBAI: With less than a month to go before Diwali, the Bombay High Court on Thursday said that its recent order directing a complete ban on bursting firecrackers on streets across Maharashtra would be applicable throughout the year.

A division bench of justices Girish Kulkarni and Neela Gokhale effectively extended the ban first enacted during Ganeshotsav in September into a permanent, year-round restriction. (Hindustan Times)

A division bench of justices Girish Kulkarni and Neela Gokhale effectively extended the ban first enacted during Ganeshotsav in September into a permanent, year-round restriction.

The bench observed that the “toxic pollution” from firecrackers affects everyone, especially senior citizens and children, and the situation worsens after Diwali. “This needs to change as times are different now. The state authorities have no control over burning firecrackers. We all are bound by the Constitution, and the rights of citizens are paramount,” it said.

The court was hearing a suo motu petition taken up in September concerning noise pollution caused by religious processions in Mumbai and other cities across Maharashtra.

During a hearing on September 22, the court had called for a complete ban on bursting firecrackers on streets. It had directed the Maharashtra government and Mumbai Police to strictly enforce decibel limits during religious processions and take strict action against violators. “We are very clear that the celebrations must go on, but it cannot be done at the cost of citizens. They cannot be suffering in silence,” the bench had said.

The court also flagged the adverse impact of the “tremendous haze and smog” caused by “severe air pollution” in cities such as Mumbai, Pune, Thane, Navi Mumbai and Kalyan-Dombivli during the post-monsoon season. It noted that the air quality index (AQI) in some parts of Mumbai had reached 425.

“The future generation needs to remain healthy to meet the challenges of contemporary times, rather than spending their time visiting hospitals and receiving medical treatment. The societal cost in terms of such health hazards is too high to be borne by those who silently suffer the ill-effects of toxic pollution, owing to the activities of a few who are least bothered about the impact of their actions on the society at large,” the bench said.

The court urged citizens to rise to the need of the situation and become conscious of the “long-term hazards of living in cities”, which it said had turned into “gas chambers”. “Failing this, we do not know what is in store for the public at large in future,” it said.

Accordingly, the court ordered the authorities to issue notices urging citizens to avoid firecrackers that generate noise and air pollution, highlighting the seriousness of their toxicity. It suggested involving celebrities in awareness campaigns, with a view to making cities better places to live.

“The whole idea is that all of us should contribute. We have neither banned any manufacturing of firecrackers nor are we concerned with any sale, and we are not restricting any activity. What we have restricted is what was prevailing for all these times,” the bench said.

The court also directed the state government, the BMC, and the Maharashtra Pollution Control Board (MPCB) to set up a mechanism to raise awareness among citizens through public announcements and display boards in public transport, and to encourage citizens to use green, low-emission crackers.

Additionally, it said that the BMC, MPCB, and the police should establish a complaint mechanism by providing dedicated phone numbers and ward-wise email addresses.