Environment – Air Pollution – Petitioners prayed for directions to the respondents to take possible measures for checking the pollution by striking at the causes of the pollution, which included banning the use of firecrackers, sparkles and minor explosives, in any form, during festivals or otherwise – The following specific directions were issued: (1) Crackers with reduced emission (improved crackers) and green crackers only would be permitted to be manufactured and sold; (2) Production and sale of other crackers is hereby banned; (3) Manufacture, sale and use of joined firecrackers (series crackers or laris) is hereby banned; (4) Sale shall only be through licensed traders; (5) no e-commerce websites, including flipkart, amazon etc., shall accept any online orders and effect online sales; (6) barium salts in the fireworks is also hereby banned; (7) Petroleum and Explosives Safety Organisation (PESO) is directed to review the clinical composition of fireworks, particularly reducing aluminum content – For undertaking this exercise, PESO would also associate Fireworks Research and Development Centre (FRDC); (8) even those crackers which have already been produced and they do not fulfill the reduced emission firecrackers conditions will not be allowed to be sold in Delhi and NCR; (9) PESO will ensure fireworks with permitted chemicals only to be purchased/possessed/sold/used during Diwali and all other religious festivals, of any religion whatsoever, and other occasions like marriages, etc – It shall test and check for the presence of banned chemicals like Lithium/Arsenic/ Antimony/Lead/Mercury;
(10) PESO will ensure suspension of the licenses of manufacturers of such fireworks items and appropriate disposal of such stock;
(11) PESO will ensure that only those crackers whose decibel (sound) level are within the limits are allowed in the market and will ensure to take action by suspending the licenses of the manufacturers on such violations and disposal of such lots; (12) Extensive public awareness campaigns shall be taken up by the Central Government/State Governments/Schools/ Colleges informing the public about the harmful effects of firecrackers; (13) On Diwali days or on any other festivals like Gurpurab etc., when such fireworks generally take place, it would strictly be from 8:00 p.m. till 10:00 p.m. only – On Christmas eve and New Year eve, when such fireworks start around midnight, i.e. 12:00 a.m., it would be from 11:55 p.m. till 12:30 a.m. only; (14) The Union of India, Government of NCT of Delhi and the State Governments of the NCR would permit community firecracking only for Diwali and some other festivals, wherever it can be done – Even for marriages and other occasions, sale of only improved crackers and green crackers is permitted – Insofar as other States are concerned, an endeavour shall be made by them also to explore the feasibility of community firecracking; (15) All the official respondents, and particularly the Police, shall ensure that fireworks take place only during the designated time and at designated places, as mentioned above – They shall also ensure that there is no sale of banned firecrackers; (16) Central Pollution Control Board (CPCB) and respective State Pollution Control Boards/Pollution Control Committees (SPCBs/PCCs) of the States and Union Territories shall carry out short-term monitoring in their cities for
14 days (commencing from 7 days prior to Diwali and ending 7 days after Diwali) for the parameters namely, Aluminum, Barium, Iron apart from the regulatory parameters against the short-term Ambient Air Quality Criteria Values (AAQCVs) proposed by CPCB with regard to bursting of firecrackers.
Vellore Citizens’ Welfare Forum v. Union of India and Others (1996) 5 SCC 647 : [1996] 5 Suppl. SCR
241 ; A.P. Pollution Control Board v. Prof. M.V. Nayudu (Retd.) and Others (1999) 2 SCC 718 : [1999] 1 SCR
235 ; Noise Pollution (V), in Re (2005) 5 SCC 733 : [2005] 1 Suppl. SCR 624 ; Shivashakti Sugars Limited v. Shree Renuka Sugar Limited and Others (2017) 7 SCC 729 – referred to.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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