Ban On Firecrackers To Continue; Top Court

NEW DELHI : The Supreme Court on Tuesday said that the ban imposed on the sale and use of firecrackers is not just confined to Delhi-NCR only, instead it applies to the whole country. “These days, children don’t burst crackers, it is the adults,” the bench said. The court also noted that there is a perception that curbing pollution and protecting the environment was only the court’s duty. “It is not. It is everybody’s duty,” said the bench.
The Supreme Court on Tuesday said that its directives against the use of banned chemicals in firecrackers applied to all states and not just Delhi and its neighbouring areas. The top court also slammed the central and the state governments for playing a “blame-game” over the Delhi air pollution issue as the air quality in the national capital and the neighboring states continues to worsen.
Hearing a petition seeking directions to the Rajasthan government to follow the court’s orders banning the use of firecrackers that use barium salts and other polluting chemicals – and curbing air and noise pollution during festive periods – a bench of Justices AS Bopanna and MM Sundresh said no new directions were needed. It said Supreme Court orders were binding across the country and asked Rajasthan to take note of its previous directives on the issue.

The top court made this observation while responding to a plea over alarming high pollution levels in Udaipur, falling air quality index and lack of regulations to demarcate noise pollution levels. It may be noted that the Supreme Court had earlier refused to lift the ban on the sale of firecrackers as it was contributing to the air pollution crisis.
The Supreme Court, while upholding the ban on firecrackers, asserted that ”curbing pollution is not just the court’s duty.” “When it comes to pollution, there is a wrong perception it is the duty of courts. But it has to be everybody’s duty,” the top court said.
During the hearing on Tuesday, the bench said, “At this juncture, no specific order will be necessary as this court has passed several orders, where steps have been indicated to minimize and avoid air, as well as noise, pollution. The orders will bind every state in the country, including the state of Rajasthan.
The lawyer appearing for Rajasthan said, “Every citizen must see to it that they are bursting fewer crackers on Diwali,” he said.”These days, children don’t burst crackers, it is the adults,” the bench said. The court also noted that there is a perception that curbing pollution and protecting the environment was only the court’s duty. “It is not. It is everybody’s duty,” said the bench.
In a key clarification aimed at checking pollution, the Supreme Court has said that its 2021 order allowing only the use of green fireIn a key clarification aimed at checking pollution, the Supreme Court has said that its 2021 order allowing only the use of green firecrackers will apply not just to Delhi-NCR but across the country. During the hearing on Tuesday, the bench said,  “At this juncture, no specific order will be necessary as this court has passed several orders, where steps have been indicated to minimise and avoid air, as well as noise, pollution. The orders will bind every state in the country, including the state of Rajasthan.”
During the hearing, the bench observed that children don’t burst fireworks “these days” and it’s the adults who do it, and also said that protecting the environment was everybody’s duty.
In 2021, the Supreme Court had said that while there is no total ban on the use of firecrackers, those containing Barium salts are prohibited. It noted that this was being blatantly violated and warned that top officials at various levels “shall be held personally liable” for any lapses.
Earlier in the day, while hearing a petition on pollution in Delhi, where the Air Quality Index was over 400, the Supreme Court said the issue couldn’t become a political battle and that the poor air quality is responsible for the “murder of people’s health”.  will apply not just to Delhi-NCR but across the country. The bench observed that children don’t burst fireworks “these days” and it’s the adults who do it, and also said that protecting the environment was everybody’s duty.
The top court’s clarification came during a hearing on an application seeking to direct Rajasthan to implement the court’s order banning use of certain firecrackers and reducing air and noise pollution. “There seems to be a perception that your lordship’s order applies only to Delhi-NCR, though it is applicable throughout the country,” the petitioner told the Supreme Court.
On 7 November 2023, air quality in Delhi was still classified as “severe,” according to the Central Pollution Control Board (CPCB). The day before, the city’s air pollution levels were seven or eight times above acceptable limits. Delhi’s authorities have responded to this grave situation by taking several steps to defuse the situation. The odd-even car rationing system will reappear from 13 November to 20 November.
(Bureau Report with Media Inputs).

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