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‘Selfish’: SC talks tough on firecrackers amid pollution crisis, puts onus on citizens

A bench of justices AS Bopanna and MM Sundresh maintained that “sensitivising people is the key”, adding that pollution will not end even by limiting fireworks to a certain time

Updated on: Nov 7, 2023, 11:44:27 IST
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A celebration by polluting environment is all about being “selfish”, the Supreme Court observed on Tuesday, directing all states and Union Territories to comply with its orders of imposing curbs on bursting firecrackers during Diwali and at other times of the year.

The Supreme Court of India. (PTI File Photo)
The Supreme Court of India. (PTI File Photo)

Lamenting that a complete ban on bursting firecrackers is incapable to be implemented until people take it upon themselves to stop using firecrackers, a bench of justices AS Bopanna and MM Sundresh maintained that “sensitivising people is the key”, adding that pollution will not end even by limiting fireworks to a certain time.

“They will burst whatever they have bought...There is a wrong perception that it is only the duty of the court when it comes to environmental matters. It is for everyone to manage air and sound pollution,” said the bench, as it dealt with an application seeking directives to the Rajasthan government and the state pollution control board to take immediate steps to reduce air and sound pollution in Udaipur.

The court recalled that it has already passed a slew of directions for the Centre and all states to bring down air and noise pollution due to an array of causes, including firecrackers. “We are quite sure it can never be completely stopped unless people do it themselves. State governments should advertise, make people aware...sensitivise people. As it is rightly said, we live on hope,” remarked the bench.

In its order, the court recorded that the state of Rajasthan and all other states should comply with the orders passed by the Supreme Court earlier.

“No specific orders would be necessary in as much as this court has already passed several orders, indicating steps to minimise air and noise pollution. The said orders would bind every state, including Rajasthan. The state of Rajasthan will take all steps to minimise air and noise pollution, not only during the festival season but also throughout the year,” said the bench in its order.

Senior advocate Gopal Sankaranarayanan, appearing for the PIL petitioners, also raised the issue of stubble burning in the neighbouring states of Delhi, prompting the bench to seek a response from the India Meteorological Department.

The bench also observed that the media reports suggest a “blame-game” by different states as regards the causes of air and noise pollution are concerned. The bench, however, refrained from taking up the issue of stubble burning since another bench of the top court is already seized of the issue and that the matter would come up before the other bench later on Tuesday.

On September 22, the top court had shot down demands by firecracker manufacturers and Centre to allow the production of joint crackers and improved green crackers having lesser concentration of barium salts – once banned by the top court in October 2018 for being a health hazard. The court had also directed the Centre to come up with improved formulations that do not contain these salts.

The ban on crackers was passed in a public interest litigation (PIL) filed by three minors led by Arjun Gopal, who complained that the ban was openly flouted by manufacturers and the crackers found their way into the city, posing questions on the enforcement of the ban.

 
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