Firecraker Regulation by SC ‘Our Orders Should Be Implemented In True Spirit’

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Firecraker Regulation : ‘Our Orders Should Be Implemented In True Spirit’, Says Supreme Court

Arjun Gopal & Ors v. Union of India & Ors 2015

The Supreme Court today while hearing an application alleging violation of the order dated February 10, 2017 banning the use of certain chemicals that were dangerous & beyond safety limits in the fireworks by the manufacturers observed that it could not permit others to infringe the right to life of other citizens and that there was a need to strike balance between employment, unemployment and right to life.
Adding that in our country the main difficulty was implementation of laws, bench of Justices M R Shah and A S Bopanna said its prime focus was the right to life of innocent citizens.
The Top Court also said that to ensure that the chemicals that were banned were not used, there was a need to fix responsibility on someone who was ultimately liable.
“Amount of 1000,10000 series of crackers are burned. For every occasion, and in every religion crackers are used. Even politicians after victory in elections use crackers. Sometimes we’ll have to fix the liability of responsibility ultimately as to who will be liable. If liability is fixed on the Commissioner of police then only this can happen.“
The Supreme Court bench of Chief Justice SA Bobde, Justice AS Bopanna & Justice V Ramasubramanian on April 8, 2021 had issued notice in application which had also submitted that the respondents manufacturers were using the same chemicals which were banned by the Court & that many respondent manufacturers were not labeling the products as directed by the Court in the previous order.
Appearing for the petitioner (Arjun Gopal), Senior Advocate Gopal Sankaranarayan while drawing Court’s attention to the order dated March 3, 2020 submitted that the sale of fireworks which existed prior to 2015 was continuing in every city even today.
“300 different types of fireworks violating all rules regarding air pollution, noise pollution, transport licenses which are required had compelled us o file the 2nd application because in Calcutta the HC took note of the fact that many newspapers in 2020 had reported that journalists had gone and they were very easily been able to get the crackers which claimed to be green but which carried all the bad chemicals.
In Bombay, Davars Foundation carried out a research survey along with Maharashtra Pollution Control Board and even in Maharashtra, these sales are going with impunity. Manufactures have been violating Court’s orders.
It was in the press recently and they said that you could go do what, let the Court’s orders come, we’ll go ahead. Which is why we filed this application.“
Contending that firecrackers are not like narcotics drugs which somebody could smoke in a bathroom, Senior Counsel argued that the executive was not taking any steps to ensure observance of Court’s order.
Senior Advocate Gopal Sankaranarayan also referred to Court’s order dated October 23, 2018 wherein the bench had directed Petroleum and Explosive Safety Organisation (“PESO”) to only issue certificate with regards to the composition of the fireworks only after being assured that the same were not made of chemicals banned by the Court.
NEERI had issued notifications after entering into MoU with the manufacturers and given certificates with regards to the crackers having barium presence.
“This is completely in violation of Court’s order which is why PESO has refused to give certifications completely in terms of Court’s order.
As a result of which today there are only 5 types of fireworks which have been granted green certification by PESO and only those are permitted to be manufactured.
Now of the 2000 or so manufacturers, they are 120 alone who have the capacity and inclination to work with this court to ensure that the there would be greener crackers,”
It was also his contention that the entire idea of green crackers and barium ban had come from the affidavit filed by the Union of India pursuant to which the Top Court had passed directions in the order dated October 23, 2018. However till now the directions were being violated.
Pointing out to the Top Court’s order dated April 11, 2019 in which barium ban was reiterated, Senior Counsel further argued that the Government of India had been ignoring PESO completely.
“Amount of 1000,10000 series of crackers are burned. For every occasion, and in every religion crackers are used. Even politicians after victory in elections use crackers. Sometimes we’ll have to fix the liability of responsibility ultimately as to who will be liable. If liability is fixed on the Commissioner of police then only this can happen.”
it was the Magistrate and Police’s responsibility to protect Article 21 since they could not turn blind eye and allow people to do whatever they wanted to do.
Representing the Manufacturers Association of Firecrackers, matter should be decided by the government taking into consideration the unemployment of lakhs of people.
On October 23, 2018, the Top Court had ruled against imposing complete ban on firecrackers but has said that only less polluting green crackers can be sold, that too only through licensed traders.
The Court had banned online sale of firecrackers, restraining e-commerce websites from carrying out its sale, fixed the duration for bursting of crackers and had ordered that crackers could be burst only in designated areas.