On Thursday (10th October), the Bombay High Court imposed restrictions on the burning of firecrackers in the Mumbai Metropolitan Region (MMR). It has reduced the window for the activity to 2 hours on the occasion of Diwali.
As per reports, the court directed that firecrackers could only be burnt in MMR between 8 pm and 10 pm. “The SC order says people should burst firecrackers at a designated time and designated places. Also that if banned firecrackers are sold the senior PI of the area would be held personally responsible”, it said.
The matter was heard by a Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice GS Kulkarni. The court had earlier banned the transportation of construction debris during Diwali and restricted the burning of firecrackers between 7 pm and 10 pm in the Mumbai Metropolitan Region.
Bombay High Court suo motu hearing on deteriorating air quality:
— Bar & Bench (@barandbench) November 10, 2023
– refuses to allow transportation of debris in and out of construction sites till November 19.
Construction material transportation to continue with covered trucks.
– burning of firecrackers during Diwali… pic.twitter.com/eNF5NAzUrM
The order was modified to further restrict the window for bursting firecrackers to 2 hours. The court said, “There were committees in Delhi and Punjab as well but the problem persisted. We are saying, please advise the govt. to come up with a statutory mechanism to monitor pollution. We should not have to be burdened with all this. This is Bombay! Please understand”.
“The statutory commission has wide powers…In the NCR region. We request the AG to ask the State to constitute such a statutory committee so that the problem of air quality management can be dealt with more effectively in Mumbai.”
The Bombay High Court expressed concern over sale of crackers with ‘banned chemicals’ and continued the ban on debris transportation in MMR till November 19 this year.
No blanket ban on firecrackers, only the ones with barium salt: Supreme Court
The Supreme Court on Tuesday (7th October) directed Rajasthan and other states to follow its earlier order relating to firecrackers during the festive season and stated that it was the duty of everyone to manage pollution.
A bench of Justice AS Bopanna and MM Sundresh directed Rajasthan to take steps to minimise air pollution, especially during the festival season.
The court was hearing an application relating to the issue of firecrackers in Rajasthan.
One of the advocates urged the court to issue directions to comply with earlier orders. The lawyer told the court that the court’s earlier order was applicable to Delhi National Capital Region. The lawyer sought a pan India ban on firecrackers.
The court said there is a wrong perception that it is the court’s responsibility on the issue of the environment. The court remarked that it is everyone’s duty to manage pollution. The court remarked that every citizen has to see that Diwali is celebrated environment-friendly with fewer crackers.
The court also shared his observation that these days elders burst more firecrackers as compared to schoolchildren. The court also directed the state of Rajasthan to take immediate steps to control pollution in Udaipur. Meanwhile, another lawyer apprised the court about the other application that relates to stubble burning.
The court has asked the Meteorology Department to file its reply in two weeks. The court also remarked that they see that there is a blame game relating to the issue. Earlier the top court on September 22 rejected the plea seeking the manufacture, sale and use of firecrackers containing barium chemicals.
Meanwhile, it also refused to interfere with the Delhi Government’s decision to put a complete ban on the use of firecrackers in the national capital. The top court was dealing with the issue relating to firecrackers.
One of the pleas was filed by BJP leader Manoj Tiwari in 2022, challenging the blanket ban on firecrackers during Diwali celebrations in Delhi. In 2021, the Supreme Court clarified there is no blanket ban on the use of firecrackers and only those fireworks which contain barium salts are prohibited.
