SC refuses to relax blanket ban on bursting of firecrackers in Delhi

Supreme Court Upholds Firecracker Ban in Delhi, Suggests Alternative Celebrations

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The Supreme Court of India, on September 13, reaffirmed its stance on the firecracker ban in the National Capital Territory of Delhi. In response to a plea by BJP MP Manoj Tiwari, the apex court emphasized that it would not interfere with the ban, suggesting that citizens find alternative ways to celebrate festivals.

Tiwari’s counsel presented arguments before a bench comprising Justices AS Bopanna and MM Sundresh, pointing out that the Delhi Government’s absolute ban on the sale and use of firecrackers contradicts the Supreme Court’s earlier directives against a blanket prohibition. The counsel highlighted,

“There are many states imposing a complete ban despite the orders of this court.”

However, Justice Bopanna responded firmly, stating,

“Locally if there is a ban, there is a ban. We will not interfere.”

He further added,

“You can find other ways to celebrate.”

In a lighter vein, Justice Bopanna also remarked,

“If you feel like bursting crackers, go to a state where it is allowed. Do something for the people. You should be telling your supporters not to do it.”

This isn’t the first time Tiwari has approached the court regarding this matter. He had filed a writ petition last year challenging the firecracker ban imposed in Delhi ahead of Diwali in October 2022. On previous occasions, the Supreme Court had expressed its reluctance to interfere with the ban, citing the high air pollution levels in Delhi. In one instance, the court had even advised,

“Spend your money on sweets… Let people breathe clean air.”

The Delhi Government has consistently taken measures to curb pollution, especially during the winter months. As part of its action plan, it has announced a ban on the manufacturing, sale, storage, and use of firecrackers.

In 2021, the Supreme Court had issued directives to ensure that firecrackers did not contain banned chemicals. The court clarified that there wasn’t a total ban on firecrackers, but those containing barium salts were prohibited. Green crackers, however, were deemed permissible, adhering to the guidelines set by the Supreme Court in 2018.

Tiwari’s writ petition was considered alongside the case Arjun Gopal and others v. Union of India, a 2015 petition filed by a group of minors seeking regulation of firecrackers in Delhi due to environmental concerns.

author

Vaibhav Ojha

ADVOCATE | LLM | BBA.LLB | SENIOR LEGAL EDITOR @ LAW CHAKRA

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