The Supreme Court today said that the order to ban barium firecrackers is for every state and is not limited only to Delhi and the National Capital Region (NCR), which is struggling with severe air pollution. The Supreme Court had banned traditional firecrackers in 2018 to tackle air and noise pollution and now the clarification issued by it will have an impact across the country. The apex court has sought answers from the India Meteorological Department (IMD) regarding stubble burning. Earlier, the court was informed that stubble burning in the states adjoining Delhi was affecting the air quality in the national capital.
A bench of Justices A S Bopanna and M M Sundaresh asked the Rajasthan government to follow its earlier instructions regarding bursting of firecrackers on Diwali. The bench said that it is important to sensitize the common man about the harm caused by firecrackers. Nowadays children do not burst crackers much but adults do. It is a misconception that the court is responsible for pollution or environmental protection. People will have to come forward. It is everyone’s responsibility to deal with air and noise pollution. The top court was hearing an intervention application filed in a pending petition seeking a ban on firecrackers.
The application had requested to direct the Rajasthan government to take steps to prevent air and noise pollution and ban firecrackers in Udaipur city during Diwali and marriage ceremonies. While keeping the petition pending, the bench said that there is no need to pass any specific order in the application as the court has passed several orders to deal with air and noise pollutants. This order is binding on every state including Rajasthan and the state government should consider it not only during the festival season but also after that.
Senior advocate Manish Singhvi, appearing for the Rajasthan government, said that the state has filed its reply on the application and said that there is a slight increase in air and noise pollution during Diwali. The counsel for the intervener said that he is only requesting to direct the state government that the ban imposed by this court on bursting of firecrackers is not limited to Delhi-NCR but is also applicable to Rajasthan. Singhvi said that although the state will follow the court order, its implementation depends on the overall consciousness of the society. He urged the court to allow bursting of firecrackers for three hours between 8 pm to 11 pm instead of 8 pm to 10 pm in Rajasthan during Diwali and other festivals.
Senior advocate Gopal Sankaranarayanan, appearing for main petitioner Arjun Gopal, said that if exemption was given to one state, the court would be flooded with applications from other states. The bench agreed with Sankaranarayanan. Justice Bopanna said, “Extending the time limit by one hour or reducing it by one hour will not bring any reduction in pollution.” They will definitely burn what they have bought. Justice Sundaresh told Singhvi, “The festival can also be celebrated by sharing what you have.” If you are polluting the environment then you are being selfish and self-centred. Accountability of those polluting the environment should be fixed. It is more important to educate and sensitize people. We fully believe that this can never be stopped completely unless people do it themselves.