Not inclined to completely ban firecrackers, says SC, stresses implementation of orders

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.