Vehicles worse: Supreme Court in hearing on firecracker ban

The Supreme Court on Tuesday said its order banning bursting of polluting firecrackers was not intended to deprive lakhs of their livelihood and observed that vehicles seemed to be bigger polluters.

The Supreme Court on Tuesday said its order banning bursting of polluting firecrackers was not intended to deprive lakhs of their livelihood and observed that vehicles seemed to be bigger polluters.

With no green firecrackers available in the market, nor any definition of these, there was no legal sale of firecrackers in NCR, although some local administrations turned a blind eye to violations. (PTI/File Photo)

The court’s observations do not necessarily signal a rethink in its order allowing the use of only green firecrackers in the NCR and at specific times. The 2018 order allowed the use of all firecrackers in other parts of the country, again only at certain times. However, the court’s observations sometimes do indicate its line of thinking.

Given that, the bench of justices SA Bobde and SA Nazeer, which was hearing a case filed by three children demanding the complete ban on the use of firecrackers, was concerned about the “proportion of pollution is caused by firecrackers in relation to pollution caused by automobiles” and “preventing unemployment”.

The court’s 2018 order was an interim one in the case. With no green firecrackers available in the market, nor any definition of these, there was no legal sale of firecrackers in NCR, although some local administrations turned a blind eye to violations.

In last year’s order, the court issued stringent directives prohibiting use of Barium Nitrate as an additive in manufacturing firecrackers. It had asked the government to formulate new standards for them.

Additional solicitor general AS Nadkarni, appearing for the central government, said an expert body comprising National Environmental and Engineering Research Institution (NEERI) and the Petroleum and Explosives Safety Organisation (PESO) officials has clarified that it has not recommended the use of Barium in firecrackers. The law officer added that the surge in pollution level from firecrackers is only around the festival time, especially during Diwali.

Advocate Gopal Shankaranarayanan, appearing for the petitioners, said around 2.5% of annual pollution in Delhi-NCR is due to use of firecrackers for a few days during the festive season.

To be sure, the submission of firecracker makers in court indicates that they are ready to reorient themselves through low-emission green ones. Advocate Abhimanyu Bhandari, arguing for firecracker manufacturers, told the court that PESO and NEERI have already handed out a new chemical composition for crackers and the same includes use of Barium in low levels. Bhandari told the court that manufacturers were not keen to go back to the old formula but needed the court to look at the new one prepared by the expert body.

Nadkarni said the agencies were still experimenting and referred to the minutes of meeting of the Council of Scientific and Industrial Research (CSIR) and NEERI. He informed the bench that the product approval for the improved formulation shall be given by PESO by March 21. “A meeting in this regard is scheduled tomorrow (March 13). Once the formulation comes and if there is any objection, then it will be dealt with,” he added.

At a larger level, the bench also raised a question as to how manufacturing can be stopped if the trade is legal. At best, the judges observed, the license conditions can be changed. “Nobody has tested this in relation to Article 19 (right to practise any profession or carry on any occupation, trade or business). How can you leave people unemployed?” justice Bobde asked.

The bench then posted the matter for further hearing on April 3 and told the ASG that he would have to make submissions in the case region-wise as there are parts of the country where firecrackers can be used.