Supreme Court rules out blanket firecracker ban, considers time-bound use

The Supreme Court on Sep 30 ruled out a complete ban on firecrackers while also making it clear that their unrestricted use throughout the day would not be permitted.

A bench of Justices M.M. Sundresh and P.B. Varale said a middle ground could be found by specifying the hours during which firecrackers may be used. The court noted that a complete ban could affect public sentiments, while unrestricted fireworks could have an impact on people including children, elderly and sick persons.

The court's observations came during proceedings on petitions seeking restrictions on firecracker use. The matter includes a petition filed in 2015 seeking a complete ban on firecrackers because of their impact on air quality and associated health concerns.

Certain green crackers allowed

During the hearing, Additional Solicitor General Aishwarya Bhati presented the Centre's position on specified next-generation joined green crackers recommended by the Council of Scientific and Industrial Research-National Environmental Engineering Research Institute (CSIR-NEERI).

The Supreme Court permitted the specified category of next-generation joined green crackers, subject to prescribed safeguards. According to the submissions before the court, these crackers must be manufactured by licensed manufacturers, comply with applicable noise limits and safety requirements, and must not contain banned chemicals.

The permitted crackers are also subject to conditions concerning factors such as the number and size of shells and the interval between bursts.

The Centre told the court that the specified next-generation joined crackers do not use barium and have recorded noise levels below 125 decibels in the assessments cited before the court. Conventional crackers were reported to produce substantially higher noise levels.

The court has not yet taken a final decision on green crackers containing barium.

The Centre and expert bodies have been given time until Oct 15 to complete further assessment of the impact of barium-containing crackers on ambient air quality. The government has proposed open-ground testing to assess their actual impact under conditions beyond laboratory testing.

The Supreme Court had earlier imposed restrictions on firecrackers containing barium and barium salts. The present proceedings include consideration of whether any limited relaxation can be permitted based on scientific assessments and specified safeguards.

While the court has indicated that firecracker use should be confined to specified hours, the exact timings have not been fixed in the latest hearing.

The court also stressed that permitting specified green crackers would not mean allowing fireworks throughout the day. The final framework is expected to address both the categories of crackers that may be used and the period during which they can be burst.

The matter will be taken up again on Oct 15, when the court is expected to consider the assessment concerning barium-containing crackers.