SC Permits Sale, Use of Green Crackers in Delhi-NCR During Diwali

NEW DELHI:

As a reprieve, the Supreme Court on Wednesday permitted the sale and bursting of green crackers in Delhi and the adjoining NCR region from October 18 to 21.

A bench of Chief Justice of India B.R. Gavai and Justice K. Vinod Chandran passed the order in response to the Delhi government’s plea seeking permission to allow the use of certified green firecrackers to celebrate Diwali in the national capital.

Passing a slew of directions, the CJI Gavai-led Bench directed the formation of patrolling teams to conduct regular checks, ensuring that only green crackers with QR codes are sold. The bursting of green firecrackers will be confined from 6 p.m. to 10 p.m., as per the Supreme Court order.

The court ordered that there will be no sale of firecrackers through e-commerce websites.

The CJI Gavai-led Bench further directed that notices be issued to persons who violate the rules.

Last week, the top court had reserved its decision in the matter and hinted at temporarily lifting the restrictions for the festivities, observing: “For the time being, we will permit the ban lifting during Diwali.”

During the hearing, Solicitor General Tushar Mehta assured the apex court of several safeguards, including that sales would be conducted through licensed traders and only permitted manufacturers would be allowed to sell.

On September 26, the CJI Gavai-led Bench had provisionally allowed certified manufacturers of green crackers, who have permits from the National Environmental Engineering Research Institute (NEERI) and the Petroleum and Explosives Safety Organisation (PESO), to manufacture green crackers in Delhi-NCR. However, the apex court told the manufacturers that until further orders, they would not sell any of their green crackers in the prohibited areas.

In April this year, a bench of Justices Abhay S. Oka (now retired) and Ujjal Bhuyan opined that imposing a crackers ban only for a period of 3-4 months every year is not effective, and no exception, even for green crackers, should be allowed.

Noting that air pollution levels had remained alarming for a considerable time, the apex court had said that unless it was shown that the pollution caused by the green crackers was a bare minimum, there was no question of giving them a relaxation.

The bench observed that the right to health, an essential part of the right to life guaranteed under Article 21 of the Constitution of India, includes the right to live in a pollution-free atmosphere.

In January this year, the Supreme Court extended the effect of the orders passed by the Uttar Pradesh and Haryana governments imposing a complete ban on firecrackers in the areas falling under the NCR region.

It had ordered that the ban imposed by the states of Uttar Pradesh and Haryana, which was effective till January 17, be extended till further orders.

Earlier, the top court had said that the ban already imposed by the Delhi and Rajasthan governments would turn effective only when the remaining states impose similar measures.

After being told that while Haryana had permitted the use of green crackers, Rajasthan had imposed a complete ban on firecrackers in the NCR region, the apex court had asked the Uttar Pradesh and Haryana governments to impose a ban on firecrackers in the same terms as imposed in Delhi.

In November last year, after Diwali, the Supreme Court had remarked that the ban on firecrackers was hardly implemented in the national capital and pulled up the Delhi government for not implementing it.

It had called for an affidavit from the Delhi government and the Police Commissioner detailing the steps taken to enforce the ban. The apex court had suggested that the premises of sellers of firecrackers should be sealed, apart from enforcing a ban on importing firecrackers from neighbouring states.