Firecracker Ban Archives - Lokmarg

SC Refuses To Interfere With Delhi Govt’s Decision To Ban Firecrackers

By LokMarg 13th September 2023

The Supreme Court on Wednesday questioned Delhi Police to apprise it how the crackers will be burst despite the ban imposed by the authorities concerned.

The apex court also remarked that people who want to burst firecrackers during Diwali festivals can find different ways to celebrate as it refused to interfere with the Delhi Government’s decision banning crackers in the state at this stage imposed by the Delhi Government.

A bench of Justice AS Bopanna and Justice MM Sundresh’s remark came while dealing with the issue relating to firecrackers.

One of the pleas was filed by BJP leader Manoj Tiwari in 2022, challenging the blanket ban on firecrackers during Diwali celebrations in Delhi.

In today’s hearing, his counsel apprised the court about various states imposing a complete ban on crackers.

At this stage, the court said that it would not interfere and remarked that they could find different ways to celebrate.

The court asked Delhi Police how the banned crackers burst despite the ban.

Tiwari’s lawyer said that firecrackers are being allowed during election results. The court remarked that they celebrate victory in other ways and can do something to help the people..

The court said that If they feel like bursting crackers go to a state that has not banned it.

The court adjourned the matter for tomorrow asking Delhi Police to apprise it on the issues of bursting banned material despite the ban imposed by the government.

Meanwhile, Additional Solicitor General Aishwarya Bhati, appearing for Centre, apprised the court about the affidavit filed by the Petroleum and Explosive Safety Organization (PESO).

She also apprised the court that various aspects are being considered including tests of chemicals, emissions released and sound testing facilities. She also apprised the court about the training and skills development programmes being carried out and thousands of manufacturers have been trained so far.

PESO, in the affidavit, apprised the court about the Green Cracker approval process and said the Fireworks may be broadly classified as Sound Emitting; Light emitting and Combination fireworks.

However, with respect to light-emitting fireworks, the variation may be four to five varieties with slight differences. The combination of fireworks uses both light and sound-emitting fireworks composition, PESO said.

“Accordingly, manufacturers licensed by PESO or District Magistrate with CSIR-NEERI and obtain improved formulation or New Formulation Fireworks Composition. After obtaining the same from CSIR-NEERI the manufacturers licensed by PESO make an application with PESO for approval of the said composition along with a certificate issued by NEERI. Accordingly, (approved composition) applications received from the manufacturers along with a certificate from NEERI for maintaining emission standards are processed and accorded in-principle approval by the respective offices of PESO strictly adhering to the timeline stipulated by the top court,” the affidavit read.

“For expediting usage of green crackers PESO has already instructed all the Fireworks manufacturers licensed by PESO to comply with the directives passed by this Court vide its order dated 23/10/2018. Accordingly, all fireworks manufacturers are advised to obtain an emission test report for improved formulation or new formulation (Green Cracker) Composition from CSIR-NEERI,” the affidavit said.

In the last hearing, The Ministry of Environment, Forest and Climate Change (MoEFCC) on Thursday apprised the Supreme Court that about the measures being taken by the concerned agencies and the Fireworks Manufacturers to address the concerns raised by the top court earlier.

The Ministry of Environment also urged the Supreme Court to permit it to take steps for the smooth implementation and quality control of Green Crackers.

The Ministry meanwhile apprised the court about the measures being taken by the concerned agencies and the Fireworks Manufacturers to accept and address the concerns raised by the Supreme Court earlier.

The top court was hearing a plea relating to the use of firecrackers during Diwali festivals.

In 2021, the Supreme Court clarified there is no blanket ban on the use of firecrackers and only those fireworks which contain barium salts are prohibited. (ANI)

Tamil Nadu: 1.5 Lakh Left Jobless After Firecracker Ban

By LokMarg 20th October 2022

Owing to blanket bans on firecrackers in numerous states, 1.5 lakh people in the firecracker manufacturing industry have been left jobless in Sivakasi, Tamil Nadu.

Firecracker makers who were anticipating a boom this Diwali after a two-year halt due to Covid-19, are also facing losses.
It is noteworthy that the firecracker sector has employed over 7 lakh people, and there are currently more than 1,000 registered firecracker units in operation. For more than 6.5 lakh Sivakasi families, the fireworks industry has been their only source of income. However, recent developments, including the ban on barium, have left over 1.5 lakh people jobless.

“The garland cracker has been banned despite being a significant item. Since garland crackers are entirely handmade and when we are not able to produce them, workers lose their jobs. This work was performed by around 40 percent of factory employees,” one of the workers said.

Nagendra, a fireworks worker, stated, “I’ve spent the last 20 years working in a cracker factory. The firecracker industry is the only industry in the Sivakasi area. The firecracker industry is the only source of income for the 5 lakh people that live here. Agriculture cannot be practiced under these conditions, only the firecracker business can.”

“For many years, the firework industry has been afflicted by issues such as a restriction on the use of certain chemicals and a ban on the manufacture of some explosives. Due to the rain, fireworks cannot be manufactured at this time. This has resulted in employment losses, and many states have banned the sale and bursting of firecrackers around Diwali, thus our work is not yielding the desired results,” he further added.

“Therefore, on behalf of the firecracker workers, I request that the Chief Minister of Tamil Nadu should consult Prime Minister Modi and raise the livelihood of the firecracker workers,” Nagendra said.

Nagama, another fireworks worker, stated, “There is no longer any production or selling of firecrackers. We don’t know any other businesses besides crackers, and that are being harmed by government laws that are costing us our jobs. The government should consider our welfare and make sound decisions.” (ANI)

SC To Hear Plea Challenging Delhi Govt’s Firecracker Ban On Oct 10

By LokMarg 23rd September 2022

The Supreme Court on Friday agreed to hear the plea of Bharatiya Janata Party MP Manoj Tiwari challenging the Delhi government’s decision against the production, storage, sale, and use of all types of firecrackers to curb the rising pollution levels in the national capital.

A bench headed by Chief Justice of India UU Lalit said, “it will hear on October 10” after advocate Shashank Shekhar Jha mentioned Tiwari’s plea for an urgent hearing.
“List on October 10, it’s before Diwali,” said CJI Lalit.

Tiwari sought directions to the Aam Aadmi Party government to issue fresh guidelines with regard to the sale, purchase and bursting of permissible firecrackers during the upcoming festive season.

The BJP MP also sought directions to all States not to take any coercive action like lodging FIR against common people found selling or using permissible firecrackers.

“In the name of Right to Life, Freedom of Religion cannot be taken away and that a balance has to be struck like that has been done through the decision of this Court dated October 29, 2021,” submitted the plea filed through advocate Ashwani Kumar Dubey and Shashank Shekhar Jha.

In 2021, the Supreme Court clarified that there is no blanket ban on the use of firecrackers and only those fireworks which contain barium salts are prohibited.

The top court had banned the usage of firecrackers which are found to be injurious to health while making it clear that there was no blanket ban on crackers and that people can include permissible firecrackers to celebrate their festival, the plea said.

The petition has stated that several state governments and high courts had in 2021 passed orders contrary to the stand taken by the Supreme Court and imposed a blanket ban on firecrackers.

Despite clear orders of the apex court, certain states and union territories did not take the necessary steps to ensure proper arrangements for the celebration of Deepawali and instead registered FIRs and imposed a curfew, the petition added.

The Delhi government registered 210 FIRs against common citizens and the police arrested 143 people for bursting crackers, whereas it lodged 125 FIRs and arrested 138 people for selling them (crackers) between September 28, 2021, and November 4, 2021, the petition stated.

The AAP government in Delhi on September 7 put a blanket ban on firecrackers with immediate effect in the capital till January 1, 2023. (ANI)