AIR POLLUTION DURING FESTIVAL

Key highlights of the order:

• Ban:
  • Blanket ban on online sale of firecrackers through e-commerce websites, including Flipkart and Amazon.
    
    
  • Ban on barium salts in crackers. Light and colour-emitting products like sparklers, lower pots, chakkars and torches disallowed due to the ban on barium salts use in fireworks.
    
    
  • Ban on joined firecrackers (series crackers or ‘laris’), as they caused “huge air, noise and solid waste problems.”
    
    
  
  
  
• Use of green crackers (reduced emission firecrackers):
  • Use of low emission crackers with PM reduction by 30-35% and a significant reduction in NOx and SO₂ due to in-situ water generation as dust suppressant.
    
    
  • These can be implemented subject to approval by PESO.
    
    
  
  
  
• Time for bursting crackers during:
  • Deepavali and other festivals: Two hours (between 8 p.m. and 10 p.m.)
    
    
  • Christmas and New Year: Half-an-hour (between 11.55 p.m. and 12:30 a.m.)
    
    
  
  
  
• Role of PESO:
  • Petroleum and explosives safety organization (PESO) will ensure fireworks with permitted chemicals only to be purchased/sold/used during Deepavali.
    
    
  • For this, PESO will review the composition of fireworks to test for presence of banned chemicals like lithium, arsenic, lead and mercury. It will submit the report in 2 weeks.
    
    
  
  
  
• Punishment: In case of any violations, the Station House Officer (SHO) will be liable of contempt of court.
  
  
• “Community” bursting in pre-designated areas: The court urged the Central and State governments to permit “community” bursting of crackers during festivities in pre-designated areas. Public should be informed about the designated places a week before Diwali.
  
  

Arguments by Supreme Court:

• Bursting crackers is not a fundamental right and an essential practice during religious festivals like Diwali.
  
  
• Article 25 (right to religion) is subject to Article 21 (right to life). If a particular religious practice is threatening the health and lives of people, such practice is not entitled to protection under Article 25.
  
  
• Our endeavour is to strive at balancing of two rights, namely, right of the petitioners under Article 21 and right of the manufacturers and traders under Article 19(1)(g) of the Constitution.