- Firecrackers smuggled from outside Delhi NCR cause more damage than green crackers, top court said
- Supreme Court allows green crackers to be burst in Delhi from October 18 to 21
- Green crackers emit lower emissions but still release harmful particles and gases
Firecrackers smuggled in from outside Delhi NCR during Diwali cause more damage than green crackers, the Supreme Court said today, while allowing the bursting of green crackers in Delhi between October 20 and 21.
"We are called upon to balance the interests of both the industry and the health of the general public, especially the aged, the ill and the infants on whom the debilitating effect of pollution would be more pronounced. Sadly, it is the rampant use by the general public, without awareness of its ill effects that causes the problem," the court said in its order.
"The Learned Solicitor General made a fervent plea to the child in us; if it is there in any form, to permit the lifting of the ban imposed on firecrackers, but we desist and suppress any such instinct. Still, there are concerns addressed by the industry and there is also the issue of the ban having not really put an end to the bursting of firecrackers, especially during festive days, when the conventional firecrackers are smuggled which cause a more damaging effect than the green crackers now developed," the bench of Chief Justice of India BR Gavai and Justice K Vinod Chandran said.
"We also have to reckon the serious apprehensions expressed by the Amicus, though a lone voice, but is of utmost significance for reason of it being raised in caution and in the interests of the masses who are ignorant of the injury that could befell them by unchecked use of crackers. In such a case, we have to take a balanced approach, taking into account the conflicting interests and permit in moderation, while not compromising the environmental concerns arising. While doing so, we also take note of the concerns raised by the State of Haryana. It is their contention that out of the 22 districts of State of Haryana, 14 districts fall within NCR. It is, therefore, the contention that almost 70 per cent of the State is affected by the ban on firecrackers. A similar plea was also raised on behalf of the States of Uttar Pradesh and Rajasthan," the court said.
"The district administration and the police shall ensure that use of firecrackers shall be confined between 6:00 AM to 7:00 AM and 8:00 PM to 10:00 PM on the two days i.e., the one before and on the Diwali day," the court said.
Firecrackers that emit lower emissions due to lower use of raw materials and dust suppressants are referred to as green crackers. Experts, however, say they still release harmful ultrafine particles and gases. The court termed this a "temporary measure" and said no firecrackers from outside the NCR region will be allowed. Pollution control bodies were directed to monitor the region's Air Quality Index during this time and file a report.
The bench noted the suggestions of Solicitor General Tushar Mehta and Amicus Curiae Aparajita Singh, as well as the concerns raised by the industry. The court also said that if green crackers are found to be fake, the manufacturer's licence will be cancelled.
The cracker ban in Delhi NCR has been a contentious issue. Over the past several years, Delhi's air quality has entered the 'hazardous' category after Diwali, prompting a section of society to demand a complete ban on crackers. The ban, however, has been difficult to impose, with people smuggling crackers from outside the NCR. Every Diwali, despite the ban, residents of NCR have complained of non-stop bursting of crackers in residential areas. Those bursting crackers claim the air quality in NCR depends on several factors and depriving people of the opportunity to celebrate Diwali by bursting crackers is not fair.
Delhi Chief Minister Rekha Gupta has thanked the Supreme Court for okaying green crackers. "This ruling respects public sentiments and excitement for festivals like Diwali, and also reflects a balanced outlook for safeguarding the environment. The Delhi government is committed to the pledge of a clean and green Delhi while respecting public sentiments. We aim to ensure that festivals remain radiant and the environment is also protected. This Diwali, let us balance celebration and environmental protection and fulfill the pledge of Clean Delhi, Green Delhi," she said.
