Advocate Ira
Gupta &
Dr KK Aggarwal
Vide
judgment dated 23.10.2018 the Hon’ble Supreme Court of India in the matter
titled as “Arjun Gopal & others versus Union of India & Others” has
permitted the crackers with reduced emission (improved crackers) and green
crackers to be manufactured and sold. The manufacture, sale and use of joined
firecrackers (series crackers or laris) has been banned by the Hon’ble Apex
Court as the same causes huge air, noise and solid waste problems.
The following are the
specific directions as laid down by the Hon’ble Supreme Court:
(i) The crackers
with reduced emission (improved crackers) and green crackers, as mentioned in
Suggestion Nos. II and III above only would be permitted to be manufactured and
sold
(ii) As a
consequence, production and sale of crackers other than those mentioned in
Suggestion Nos. II and III is hereby banned.
(iii) The
manufacture, sale and use of joined firecrackers (series crackers or laris) is
hereby banned as the same causes huge air, noise and solid waste problems.
(iv) The sale
shall only be through licensed traders and it shall be ensured that these
licensed traders are selling those firecrackers which are permitted by this
order.
(v) No e-commerce
websites, including Flipkart, Amazon etc., shall accept any online orders and
effect online sales. Any such e-commerce companies found selling crackers
online will be hauled up for contempt of court and the Court may also pass, in
that eventuality, orders of monetary penalties as well.
(vi) Barium salts
in the fireworks is also hereby banned.
(vii) PESO is
directed to review the clinical composition of fireworks, particularly reducing
Aluminum content, and shall submit its report in respect thereof within a
period of two weeks from today. For undertaking this exercise, PESO would also
associate FRDC.
(viii) Even those
crackers which have already been produced and they do not fulfill the
conditions mentioned in Suggestion Nos. II and III above will not be allowed to
be sold in Delhi and NCR.
(ix) 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.
(x) PESO will
ensure suspension of the licenses of manufacturers of such fireworks items and
appropriate disposal of such stock.
(xi) 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.
To add to it, as mentioned in the order dated September 12, 2017, the directions
issued and restrictions imposed in the order passed by this Court on July 18,
2005 in Noise Pollution (V) shall continue to be in force.
(xii) Direction
Nos. 4 to 9 and 11 contained in the order dated September 12, 2017 shall
continue to operate and are reiterated again.
(xiii) 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.
(xiv) 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.
(xv) The Union of
India, Government of NCT of Delhi and the State Governments of the NCR would
permit community firecracking only (for Diwali and other festivals etc. as
mentioned above), wherever it can be done. For this purpose, particular
area/fields would be pre-identified and predesignated by the concerned
authorities. This exercise shall be completed within a period of one week from
today so that the public at large is informed about the designated places one
week before Diwali. The areas designated now for the purpose of Diwali shall be
valid for community firecracking on other occasions/festivals as well, as
mentioned above. Even for marriages and other occasions, sale of improved
crackers and green crackers is only permitted. Insofar as other States are
concerned, an endeavour shall be made by them also to explore the feasibility
of community firecracking. However, it is made clear that Direction No. (xiv)
pertaining to the duration within which fireworks can take place on all such occasions
would be applicable throughout India. Similarly, Direction No. (xiii) for
extensive public awareness campaigns is also a pan India direction.
(xvi) 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. In case any violation is found, the Station House Officer (SHO)
of the concerned Police Station of the area shall be held personally liable for
such violation and this would amount to committing contempt of the Court, for
which such SHO(s) would be proceeded against.
(xvii) 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. This
will help in generation of data on pollution caused by the bursting of
firecrackers and would be helpful for regulation and control quantity of
Aluminum, Barium and Iron used in the manufacture of firecrackers.
Dr KK Aggarwal
Padma
Shri Awardee
President Elect Confederation of Medical
Associations in Asia and Oceania
(CMAAO)
Group
Editor-in-Chief IJCP Publications
President
Heart Care Foundation of India
Immediate Past National President IMA
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