Complete ban not practical or ideal, says Supreme Court, reserves order on green crackers in Delhi-NCR

NEW DELHI, Oct 10: 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, 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. 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. (PTI)