The Supreme Court has indicated that it will adopt a balanced approach to firecracker use during the upcoming Diwali season, making it clear that neither a complete ban nor unrestricted bursting throughout the day is under consideration.
A Bench of Justices M.M. Sundresh and Prasanna B. Varale was hearing the long-running proceedings concerning restrictions on firecrackers and their impact on air quality, particularly in Delhi and the National Capital Region.
The Bench said that restrictions must take into account both the sentiments associated with Diwali and the effect of firecracker use on people and other living beings.
“We will make it very clear. Neither we are going to agree with you for total ban. Nor are we going to allow them to do it for 24 hours. Total ban will affect sentiments. And allowing them throughout the day will have huge impact on every other living being, including old, sick, and children. We need to find a solution by which we can give a specified time.”
The Court indicated that permissible firecrackers could be allowed during specified hours. It also sought the Central Pollution Control Board’s report on the possibility of permitting certain categories of firecrackers, including those involving barium.
Additional Solicitor General Aishwarya Bhati sought time until October 15 to place the CPCB’s response before the Court, stating that outdoor testing of barium-based firecrackers had not yet been completed.
The ASG also suggested that joint firecrackers, commonly known as “larri”, could be permitted subject to conditions. The Bench recorded that it was inclined to accept the suggestion.
The Supreme Court granted the CPCB time to submit its report on barium-based firecrackers. It also noted that issues in the present proceedings overlap with another pending matter and observed that the matters could appropriately be heard together by a common Bench.
The Court permitted the parties to mention the issue before the appropriate Bench and directed that other applications, including those seeking a ban on firecrackers, may also be taken up for hearing.
