Supreme Court (DC File Photo)
New Delhi: The Supreme Court on Thursday said it was not inclined to completely ban firecrackers, but there was no point in passing orders and directions every year unless the authorities implement them on the ground.
"It concerns every living being," a bench of Justices M M Sundresh and Prasanna B Varale observed while hearing the matter concerning bursting of firecrackers in Delhi-National Capital Region (NCR).
Additional Solicitor General Aishwarya Bhati told the bench about the measures taken by the Delhi government and the Commission for Air Quality Management (CAQM) to deal with air pollution.
"There is no point in passing orders and directions unless you give effect to them on the ground, otherwise, it becomes a mockery," the bench observed, while stressing enforcement.
While saying that it was not an adversarial matter, the bench observed that authorities have to take up the issue seriously and take action.
"You have to really regulate it. Every year we are trying to balance it out but unless there is cooperation from everyone, it can't be done," it said.
"We also understand the sentiments of the public. We are not inclined to completely ban but don't push us to take a very harsh stand," the bench told Bhati.
The bench also suggested that authorities may take the services of prominent personalities to spread public awareness.
"Why can't you use the services of prominent personalities like sports persons and others for public awareness?" it asked.
The bench said the concerned officers should be on the ground to see what is happening.
"Every year, we pass orders and it becomes academic. As the court, we try to balance it out but you also have to do something," the bench told the law officer.
Bhati told the bench about the measures being taken by the Delhi government and the CAQM to deal with the issue of air pollution.
"The Delhi government has made an extensive plan this year," she said.
Bhati said a series of measures have been taken which would come into effect from November, including curbs on older vehicles, construction and demolition activity and staggered office timings in Delhi.
"We are geared up to deal with the pollution season which unfortunately happens," she said.
The Centre also told the bench that its internal consultation on the issue pertaining to the use of Barium in firecrackers was going on.
Bhati requested the bench to grant three weeks to complete the consultation.
"On the Barium issue, our internal consultation is not complete," Bhati said.
The bench said it would consider this issue after three weeks.
The top court was hearing two petitions, including a suo motu case concerning air pollution in the NCR covering issues like firecrackers, stubble burning and solid waste management. The other plea relates to a ban on manufacturing firecrackers.
During the hearing, an advocate, assisting the apex court as an amicus curiae in the suo motu case, said bursting firecrackers releases a huge amount of hazardous particulate matter (PM) which enters the human body and causes damage to lungs and other organs.
She said during Dussehra last week, there was a spike in the Air Quality Index (AQI) in Delhi-NCR.
Flagging the issue of enforcement, the amicus said there was no proper mechanism to assess whether the firecrackers which are being sold are actually green crackers.
"There are a large number of reports which show that firecrackers were burnt last year in Delhi-NCR in the garb of being green crackers," she said.
Senior advocate Gopal Sankaranarayanan, appearing for the petitioners in the other plea, argued that the apex court has passed a series of orders in the matter but those directions have been breached and violated.
He urged the bench to impose a ban on manufacturing firecrackers.
Another advocate argued against imposing a complete ban on firecrackers.
While hearing the matter on September 30, the apex court had observed that it would neither impose complete prohibition nor allow round-the-clock fireworks.
The bench had said a middle ground was needed to be found by specifying hours during which firecrackers could be used.
Bhati had then submitted a note saying a limited and conditional relaxation may be considered in respect of specified 'next-generation joined green crackers' as recommended by CSIR-NEERI -- complying with the applicable noise, emission and safety requirements, and subject to these firecrackers conforming to certain conditions.
Developed in collaboration with the Council of Scientific and Industrial Research-National Environmental Engineering Research Institute (CSIR-NEERI), next-generation joined green crackers are newly formulated linked fireworks designed with reduced barium salts to lower emissions.
The note further submitted that these specific firecrackers may be permitted if they are manufactured only by duly licensed manufacturers, comply with the prescribed noise limit of 125 dB(AI)/145 dB(C) peak and shall not contain banned chemicals.
In a significant relaxation ahead of Diwali, the top court had in October last year permitted the sale and use of green firecrackers in Delhi-NCR, with conditions aimed at balancing traditions with environmental and health concerns.
The court had made it clear that the use of green crackers will be confined to specific hours of the day before Diwali and on the festival day itself.
It had also made clear that the relaxation was only on a "test case basis and the same shall be only for the period specified".
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