SC Favours Fixed Hours For Fireworks, Rejects Total Ban

The Supreme Court on Wednesday said it favoured specified hours for using firecrackers, observing that a complete ban would hurt sentiments while unrestricted fireworks would affect other living beings, including the elderly, the sick and children.

A bench of Justice M.M. Sundresh and Justice P.B. Varale said a middle ground needed to be found.

“We will make it very clear. Neither we are going to agree for total ban, nor are we going to allow them to do it (fireworks) for 24 hours a day. Total ban will affect sentiments. And allowing them throughout the day will have huge impact on every other living being including the old, sick and children. We need to find a solution by which we can give a specified time,” the bench observed orally.

Additional Solicitor General Aishwarya Bhati submitted a note suggesting that limited, conditional relaxation could be considered for specified “next-generation joined green crackers” recommended by the Council of Scientific and Industrial Research–National Environmental Engineering Research Institute (CSIR-NEERI).

The note said these crackers would have to meet applicable noise, emission and safety requirements and comply with specified conditions.

Developed in collaboration with CSIR-NEERI, the newly formulated linked fireworks use reduced quantities of barium salts to lower emissions.

The note proposed that only duly licensed manufacturers be allowed to produce them. They would have to comply with the prescribed noise limit of 125 dB(AI)/145 dB(C) peak and contain no banned chemicals.

The court said it would consider the issue of barium use in firecrackers on October 15.

Last year, ahead of Diwali, the Supreme Court permitted the sale and use of green firecrackers in Delhi and the National Capital Region, subject to conditions intended to balance traditions with environmental and health concerns.

It restricted their use to specified hours on the day before Diwali and on the festival day.