On Tuesday, November 7, 2023, the Supreme Court made it clear that all of the nation is subject to its previous rulings prohibiting the use of barium and other prohibited substances in firecrackers; these rulings apply to all states, not just the Delhi-National Capital Region.
The Court clarified this during the hearing of an application asking for instructions to the State of Rajasthan to follow the orders of the Apex Court regarding the prohibition of barium crackers and the reduction of noise and air pollution during the holiday season. The Court ordered the state of Rajasthan to take particular notice of the earlier orders and reaffirmed that its directives are binding on all states in the nation, stating that no new instructions were required.
"At this point, no specific order will be required because this Court has already issued multiple orders during the petition hearing process that outline recommended actions to reduce and prevent noise and air pollution. Therefore, the aforementioned directives will apply to all states in the nation, including Rajasthan. Thus, in their order today, a bench of Justices A S Bopanna and M M Sundresh stated, "We make it clear that the state of Rajasthan would also take note of this and take all steps to minimise air and noise pollution, not only during the festival season, but even thereafter."
A number of directives were issued by the Supreme Court in 2021 to make sure that no chemicals that are prohibited are used in crackers before Diwali. Additionally, the bench made it clear that only firecrackers containing barium salts were prohibited, meaning that fireworks are not completely prohibited. In accordance with the guidelines set forth by the Supreme Court in 2018, green crackers are acceptable.
A bench made up of Justices MR Shah and AS Bopanna held in 2021 that the Chief Secretary of the concerned State(s), the Secretary (Homes) of the concerned State(s), the Commissioner of Police of the concerned area, the District Superintendent of Police of the concerned area, and the SHO/Police Officer in charge of the concerned police station would all be held personally liable if it was discovered that any banned firecrackers were manufactured, sold, and used in any particular area. The States and Union Territories were instructed by the bench to ensure that its directives are adhered to in full and in spirit. It further stated that any negligence on the part of Union Territories, State Governments, or State Agencies would be taken very seriously.
The applicant's attorney told the court today, "There appears to be a perception that your lordships orders are only restricted to Delhi-NCR, whereas your lordships have made it clear that it applies throughout the country." "Without some direction, nobody will take any responsibility" he stated. The attorney informed the court that Rajasthan experiences an increase in air pollution and noise during the Diwali season. The applicant also requested a specific directive from the Udaipur district administration, pointing out that the city is a popular choice for weddings all year long.
On a lighter note, Justice Bopanna added, "Plus, it's election season now."
However, the State of Rajasthan's attorney claimed that the pollution spike was only slight. "In the end, self control is required if people wish to celebrate Diwali. "Everyone should make sure they are celebrating Diwali with fewer crackers," he declared.
"These days children don't burst crackers, it is the adults.." At the hearing today, Justice Bopanna stated.
"When it comes to environment protection, there is a wrong perception that it is only the duty of the court" said Justice Sundresh.
The application was one of many petitions that the Supreme Court has been considering since 2015 that asked for an outright ban on the sale, purchase, and use of firecrackers in India.
An application by the firecracker manufacturers' association, TANFAMA, to incorporate barium with better formulations in green crackers was denied by the Apex Court in September of this year. The Court had made it clear that its earlier rulings prohibiting the use of chemicals based on barium in fire crackers would take precedence. The firecracker manufacturers' second application to use joined crackers was also denied by the court.
The application was one of many petitions that the Supreme Court has been considering since 2015 that asked for an outright ban on the sale, purchase, and use of firecrackers in India.
An application by the firecracker manufacturers' association, TANFAMA, to incorporate barium with better formulations in green crackers was denied by the Apex Court in September of this year. The Court had made it clear that its earlier rulings prohibiting the use of chemicals based on barium in fire crackers would take precedence. The firecracker manufacturers' second application to use joined crackers was also denied by the court.
The association had stated that the new formulation would result in a 30% reduction in particulate matter emissions, making it eligible for the green cracker designation.
"..at this stage allowing the use of Barium Nitrate merely because it is indicated that the formulation as a whole would be 30 per cent less polluting would in fact be a retrograde step as compared to the effort that has been put in by various orders of this Court" according to the Court.
There is room to further cut back on the usage of oxidizers, which would aid in lowering the particulate matter percentage. The Court also told the association of firecracker manufacturers, "In that view, we believe that additional efforts are necessary rather than being satisfied with what has been achieved thus far."
Sr. Adv. Shyam Divan, speaking on behalf of the association, informed the court during today's hearing that they have written to CSIR-NEERI requesting the development of better formulations.
The petitioners, who want to outlaw the use of firecrackers, were addressed by Sr. Adv. Gopal Sankaranarayanan, who stated, "That order is being violated right across Delhi and we will find out in a week's time."
The court was informed that a coordinate bench would be considering a similar issue today in relation to another application concerning the regulation of stubble burning in neighbouring states of the National Capital Region. In the aforementioned application, the court requested that the meteorology department respond within three weeks.
Notably, the bench of Justices Sanjay Kishan Kaul and Sudhanshu Dhulia ordered the governments of Punjab, Rajasthan, and Haryana to take immediate action to stop farmers in the State from burning their stubble, which the Court claimed was one of the main causes of air pollution, in response to the deteriorating air quality in the Delhi-National Capital Region.
Background
Arjun Gopal, Aarav Bhandari, and Zoya Rao Bhasin, who were between the ages of six and fourteen months, filed the writ petition in 2015 on behalf of their legal guardians, pleading for immediate action to reduce the deadly pollution levels in Delhi, the nation's capital.
The petitioners had demanded an outright prohibition on the use of explosives, sparklers, and firecrackers at festivals.
As the petition was being considered, the Apex Court issued a number of orders starting in 2015.
The Supreme Court decided in October 2018 not to outright forbid firecrackers, but rather to allow the sale of green crackers that are less polluting—but only through authorised retailers. The Court has prohibited the sale of firecrackers online and placed restrictions on e-commerce websites that wish to sell them. Additionally, the court set a time limit for cracker bursts and mandated that they only be set off in approved locations.
A bench made up of Justices MR Shah and AS Bopanna issued a number of directives on October 29, 2021, to make sure that their previous orders—which prohibited the use of barium-based chemicals in fire crackers and only permitted the use of "green crackers"—were strictly followed. The States and Union Territories were also instructed by the bench to ensure that its directives are adhered to strictly, in letter and spirit. It further stated that any negligence on the part of Union Territories, State Governments, or State Agencies would be taken very seriously.
Arjun Gopal versus Union of India, W.P.(C) No. 728/2015 and related matters is the title of the case.