Yesterday Supreme Court gave a ruling that during this Diwali and afterwards only Green Crackers can be bursted, which are with reduced noise and emission levels. SC also directed that their bursting will be permitted for only 2 hours during Diwali day, and that too between 8.00 to 10.00 pm. Other salient features of this judgement/ruling are as follows:
- Only improved and green crackers can be manufactured and sold by licensed traders, no online sale allowed.
- Fireworks only between 8 pm to 10 pm on Diwali day. On Christmas and New Year eve between 11.55 am to 12.30 am.
- In Delhi-NCR firecrackers can be used in pre designated areas. Govt to notify the designated areas in week’s time. The area designated for Diwali will also be used on all festival occasion that use fireworks.
- Other states too will also explore the feasibility of allowing only community fireworks.
- Petroleum and Explosive Safety Organisation (PESO) will have to submit report on composition of fireworks within 2 weeks.
- Station House Officers of Police (SHO) have been asked to ensure that SC orders are not violated.
- The Series crackers/joined crackers are also banned.
- Fire crackers which are manufactured but do not fullfil the conditions will not be sold in Delhi-NCR.
The court rejected the plea that bursting of crackers during Diwali is part of the festival and this practice is going on for many decades, and this will also amount to violation of the rights of manufacturers to carry out their trade and business. On this issue the SC replied that article 25(right to practice and propagate religion is subject to article 21 (right to life) and if a a particular religion practice is threatening the health and lives of the people, then such practice is not entitled for protection under article 25.
There is general feeling in the minds of experts that during this Diwali it will be difficult for law enforcing agencies to implement this order of SC, as Diwali is just 2 weeks away. First thing the agencies like Pollution Control Boards (PCBs), Police and other agencies are not equipped to inspect and monitor the consignments of fire crackers, in the absence of clear PESO norms. While the authorities and SC will come up with a new set of rules and guidelines on green fire works in few days, it will be highly impossible to enforce the same during this Diwali. Further, the time has shown that it is tough to get people to celebrate the particular festival as per directive of govt and courts. Moreover law enforcing agencies can not be equipped overnight to check this order. Sensing the difficulty in implementing this order, this order will also be added to the long list of acts and SC orders that will remain unenforced or unimplemented. Another problem is that fireworks are also used during weddings, funerals, temple festivals and political party celebrations, in this case how you can implement that fire crackers should be bursted between 8 to 10 pm only. The right thing would have been to regulate the fire cracker industries. The cracker industry is well streamlined group, the best thing would have been that govt should have come up with a set of rules to restrain manufacturers from using harmful chemicals. Even if govt brings out new rules as per SC’s order, then also it might take 2 to 3 years to implement the same. How it will be possible for SHO of Police Station to monitor and implement the SC’s order on fireworks- as in normal police station in big city has a strength of generally 50 officials, with the ratio to public as max 133 policemen to one lakh population.
And why special treatment to Delhi-NCR region, why not the same for other metro cities like Mumbai, Kolkata, Chennai, Bangalore, Hyderabad . Just because the judges of SC, and Central govt officials/ministers are staying in Delhi NCR region, so they get preferential treatment.
One more thing different communities celebrate Diwali on different time and even on different days, then how you cam implement the timing of 8 to 10 pm. I, being a Mumbaikar, very well know that most of the Maharashtrians celebrate Diwali in the early morning hours, some times on the day of Diwali or some times one day earlier. During this morning time they burst the crackers, then how one can tell them to celebrate Diwali in the morning and burst cracker during 8 to 10 pm. Secondly in northern/western India for many communities Diwali festival is not only on Diwali day, it is spread over five days, first it starts with Dhan Teras( 2 days before actual Diwali), Choti Diwali ( one day before Diwali, Diwali Day, Hindu New Year (One Day after Diwali-for certain Hindu communities this day is 1st day of Hindu calendar) and last one is Bhai Dooj (2 days after Diwali). The fire crackers are bursted during all these 5 days , tell me how that is possible, when the festival is spread over for 5 days and SC orders you to celebrate it for one day only. The right way would have been to first regulate the fireworks industry and insist upon them to manufacturer only green and lower decibel fire crackers and then you ask people to celebrate accordingly.
The order of SC at this juncture is half heartedly, because instead of rooting out the main cause, they have just tried to curb and minimise the affects of pollution through the present type of fire crackers, and this way playing with the sentiments of people, and also affecting the business community linked with fireworks business.
What you say my friends
Waiting for your comments/feed backs/views.
Anil Malik
Mumbai, India
24th Oct, 2018.
R. J. Dhople
The concerns noted in your blog are very thoughtful. While making a law, i feel that the cracker industry and the thousands of workers also need to be taken into consideration, of an alternative. I feel it would be difficult to manufacture green crackers in such short notice. As far as I am concerned there should be total ban on crackers, which add to multiple pollution. Anyway let us see how the enforcement of law is successfully tackled, which is taken in the interest of health of a large population, suffering from the pollution. In USA the law is very strict. Only Government agencies are allowed to operate crackers on certain days that is on 4 th of July as their Independence day. Any pollution harmful for Human, as well as others species should be avoided totally.
R. N. Mungale.
I agree that it will be difficult to implement the ban. But we must also help in reducing pollution by avoiding crackers. Green crackers is good idea.