Days ahead of Diwali, the Supreme Court on Friday said a complete ban on bursting of fire crackers in Delhi-NCR is "neither practical nor ideal" as such restrictions were often violated and balancing of equities is needed.
The observations, which hinted towards relaxation of ban, were made by a bench comprising Chief Justice B R Gavai and Justice K Vinod Chandran while reserving its order on a batch of pleas seeking permission to manufacture and sell "green" firecrackers in Delhi and National Capital Region.
Vehement submissions were made seeking lifting of the blanket ban by Solicitor General Tushar Mehta, appearing for the Centre, NCR states. He also said that the children should be allowed to burst crackers on Diwali and other festivals without any time restrictions.
Questioning the blanket ban which has been in place since 2018 in Delhi-NCR, the bench asked the counsel for the authorities and others as to whether the ban has resulted in any tangible difference or led to decrease in the air quality index (AQI), an indicator of pollution level.
"Has the air quality index improved or worsened since 2018? Was the pollution much less then compared to now," the CJI asked.
The solicitor general replied that according to data of the Commission for Air Quality Management (CAQM), pollution levels had remained "more or less the same", except during the COVID-19 lockdown period when industrial and vehicular activity was halted.
"Let the children celebrate for two days. It is only for festivals like Diwali, Gurpurab, and Christmas," the solicitor general urged, adding that "the child inside me is persuading the child in your Lordships and for a few days there should not be any time restrictions." Hinting towards relaxing the ban, the CJI said that balancing of equities is needed.
The CJI said that an absolute ban was "neither practical nor ideal" and such restrictions were often evaded in practice.
"Despite a complete ban, firecrackers continue to be used. Extreme orders create problems," the CJI said, adding that the court was seeking a balanced solution that safeguarded both environmental and livelihood interests.
Before reserving the orders, the bench heard extensive arguments from various stakeholders, including the Centre, the Delhi government and NCR states, firecracker manufacturers, environmentalists and the amicus curiae.
Mehta, appearing for the Centre, NCR states, urged the bench to adopt a "balanced approach" that protects both the right to livelihood of workers and the right of citizens to celebrate festivals, while ensuring adherence to environmental safeguards.
"We have made suggestions which strike a balance," Mehta told the bench, proposing that the manufacture and sale of only green firecrackers, as approved by the National Environmental Engineering Research Institute (NEERI), be allowed under strict monitoring. He said the use of green firecrackers should be permitted on certain occasions like Diwali, Gurpurab, Christmas and New Year's Eve and there should be no time windows.
Mehta said only certified crackers approved by NEERI and the Petroleum and Explosives Safety Organisation (PESO) should be manufactured and sold, and that the authorities would ensure no joint firecrackers or "laris" are produced or used.
"The sale should only be through licensed traders, and it shall be ensured that they are selling only permitted crackers. No e-commerce platform should accept or execute any online sale of firecrackers," he suggested.
He added that PESO and NEERI would periodically inspect manufacturing units to ensure compliance, and any unit found violating the green firecracker norms would be sealed immediately.
The CJI said that if the air quality situation was similar, there is something called "judicial propriety" and when one bench has considered all aspects, another cannot sit over that." The CJI also questioned why the ban was confined to parts of Haryana and NCR districts, observing, "Why should there be a ban in only a few districts? Shouldn't it apply to the whole state of Haryana?" Senior advocate K Parameshwar, appearing for the green cracker manufacturers, contended that the blanket ban had been imposed in some NCR regions "without consultation" and contrary to the 2017 and 2018 judgments permitting green crackers.
"Nothing but green crackers will be permitted and that is what the court itself said in 2017," Parameshwar said, adding that NEERI could be tasked with checking formulations to ensure compliance.
He also pointed out that manufacturers had made "huge investments" in setting up facilities for producing eco-friendly crackers based on NEERI-approved formulations, and that the industries were being unfairly penalised despite compliance.
Another counsel submitted that the majority of pollution in Delhi stemmed from stubble burning and industrial emissions, not from festive firecracker use.
Lawyer J Sai Deepak, also representing the manufacturers, said the firecracker industry was already heavily regulated and willing to cooperate with inspections.
The top court on September 26 permitted certified manufacturers to produce 'green' crackers with a condition that they will not sell them in prohibited Delhi-NCR without its approval.
It asked the Centre to take a fresh look at the absolute ban on the manufacture of firecrackers in Delhi-NCR.
A total of 16 districts in Uttar Pradesh, Rajasthan and Haryana fall under the NCR along with Delhi.
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