‘If firecrackers are to be banned, then let them be banned throughout the country’, says Supreme Court citing right to clean air of all citizens
The Supreme Court on Friday (12th September) questioned why the ban on firecrackers should be limited to the Delhi NCR region and not be extended to the entire country. A bench of Chief Justice of India, BR Gavai and Justice K Vinod Chandran raised the question orally while hearing a petition filed by firecracker traders against the complete year-round ban on manufacture, sale and use of firecrackers in the Delhi NCR region. The judges observed that people across the country have an equal right to clean air, and that pollution-free air cannot be treated as a privilege available to the NCR region alone. “If citizens in NCR are entitled to pollution-free air, then why not people of other cities? Just because this is the capital city, or the Supreme Court is situated in this area, it should not mean that only they get pollution-free air. I was in Amritsar last winter and the pollution was worse than in Delhi. Whatever policy has to be there, it has to be on a pan-India basis. We can’t have special treatment for Delhi because they’re elite citizens of the country. If firecrackers are to be banned, then let them be banned throughout the country,” the top court said. Families of people engaged in making firecrackers will be adversely affected: Senior Advocate K Parameshwar The Court’s remarks came after Senior Advocate K Parameshwar mentioned that the court in a previous order imposed a year-round ban on firecrackers. He added that a ban from October to February could be justified, but a year-round ban would impact the families of people engaged in the manufacture or sale of firecrackers. “Five lakh families are dependent on this trade. Some way has to be found. I understand that between October and February there are pollution concerns, but a complete ban on manufacturing, trading and selling has a severe impact,” Parameshwar submitted. Weighing in on the issue, Additional Solicitor General Aishwarya Bhati said that while the air pollution in Delhi-NCR becomes worse during winters, it cannot be treated as an elite-centric issue. “My lords, we literally choke; in winters, it becomes impossible,” she said. She added that the real sufferers of the air pollution are the poor people, who do not have air purifiers, and cannot even leave the city when the pollution is at its peak. A pan-India policy is required: CJI Responding to this, CJI Gavai said that air pollution is a countrywide problem. He recalled his personal experience of air pollution in Amritsar, Punjab and said that a pan-India policy was required. “Last winter I was in Amritsar, I was told that the air pollution in Punjab is worse than in Delhi….therefore whatever policy has to be there, the policy has to be on a Pan-India Basis- we cannot have a special treatment for Delhi because people of Delhi are elite citizens of this country,” the CJI said. ASG Bhati apprised the court that the National Environmental Engineering Research Institute (NEERI) has been examining the issue of firecrackers with scientific consultation. Senior Advocate K Parameshwar said that the firecracker manufacturers have been cooperating with NEERI to develop acceptable formulations, but an absolute ban is leading to licenses being cancelled.”We have been taking our crackers to NEERI and asking them to certify what composition they want, what additives they want to bring down the pollution. Because of the complete ban they are starting to revoke all our licenses also. We have licenses up to 2028–2030. It’s a very tedious process to get those licenses,” he said. “If firecrackers are to be banned, then let them be banned throughout the country,” the Supreme Court said and directed the ASG to seek a report from the Commission for Air Quality Management (CAQM) and asked the authorities to maintain a status quo on the existing licences.
The Supreme Court on Friday (12th September) questioned why the ban on firecrackers should be limited to the Delhi NCR region and not be extended to the entire country.
A bench of Chief Justice of India, BR Gavai and Justice K Vinod Chandran raised the question orally while hearing a petition filed by firecracker traders against the complete year-round ban on manufacture, sale and use of firecrackers in the Delhi NCR region. The judges observed that people across the country have an equal right to clean air, and that pollution-free air cannot be treated as a privilege available to the NCR region alone.
“If citizens in NCR are entitled to pollution-free air, then why not people of other cities? Just because this is the capital city, or the Supreme Court is situated in this area, it should not mean that only they get pollution-free air. I was in Amritsar last winter and the pollution was worse than in Delhi. Whatever policy has to be there, it has to be on a pan-India basis. We can’t have special treatment for Delhi because they’re elite citizens of the country. If firecrackers are to be banned, then let them be banned throughout the country,” the top court said.
Families of people engaged in making firecrackers will be adversely affected: Senior Advocate K Parameshwar
The Court’s remarks came after Senior Advocate K Parameshwar mentioned that the court in a previous order imposed a year-round ban on firecrackers. He added that a ban from October to February could be justified, but a year-round ban would impact the families of people engaged in the manufacture or sale of firecrackers. “Five lakh families are dependent on this trade. Some way has to be found. I understand that between October and February there are pollution concerns, but a complete ban on manufacturing, trading and selling has a severe impact,” Parameshwar submitted.
Weighing in on the issue, Additional Solicitor General Aishwarya Bhati said that while the air pollution in Delhi-NCR becomes worse during winters, it cannot be treated as an elite-centric issue. “My lords, we literally choke; in winters, it becomes impossible,” she said. She added that the real sufferers of the air pollution are the poor people, who do not have air purifiers, and cannot even leave the city when the pollution is at its peak.
A pan-India policy is required: CJI
Responding to this, CJI Gavai said that air pollution is a countrywide problem. He recalled his personal experience of air pollution in Amritsar, Punjab and said that a pan-India policy was required. “Last winter I was in Amritsar, I was told that the air pollution in Punjab is worse than in Delhi….therefore whatever policy has to be there, the policy has to be on a Pan-India Basis- we cannot have a special treatment for Delhi because people of Delhi are elite citizens of this country,” the CJI said.
ASG Bhati apprised the court that the National Environmental Engineering Research Institute (NEERI) has been examining the issue of firecrackers with scientific consultation. Senior Advocate K Parameshwar said that the firecracker manufacturers have been cooperating with NEERI to develop acceptable formulations, but an absolute ban is leading to licenses being cancelled.”We have been taking our crackers to NEERI and asking them to certify what composition they want, what additives they want to bring down the pollution. Because of the complete ban they are starting to revoke all our licenses also. We have licenses up to 2028–2030. It’s a very tedious process to get those licenses,” he said.
“If firecrackers are to be banned, then let them be banned throughout the country,” the Supreme Court said and directed the ASG to seek a report from the Commission for Air Quality Management (CAQM) and asked the authorities to maintain a status quo on the existing licences.
