SC signals rethink on crackers, allows production of green ones
New Delhi, Sept. 27 -- Ahead of Diwali, the Supreme Court and the Commission for Air Quality Management, have signalled a shift from their earlier stance on firecrackers in Delhi and the National Capital Region. On Friday, while continuing the ban on the sale and storage of firecrackers in the region, the court allowed licensed manufacturers in the region to resume production of certified green crackers, though on the strict condition that they will not be sold in the national capital and adjoining areas.
And CAQM, which recommends and oversees the implementation of measures to reduce pollution in Delhi-NCR and adjoining areas, denied a conclusive link between firecrackers and pollution during the Friday hearing. With the Centre on Friday articulating its opposition to a complete ban on firecrackers, and the court asking the Union ministry of environment to submit a concrete proposal by October 8, there could still be a change before Diwali.
Friday's order, delivered by a bench led by Chief Justice Bhushan R Gavai and justices K Vinod Chandran and NV Anjaria, came on a clutch of applications filed by firecracker manufacturers challenging the top court's April 3 blanket ban. That order, passed in view of Delhi's "horrible" air quality, prohibited not only the bursting but also the manufacture, sale, and storage of crackers across Delhi and adjoining NCR districts in Uttar Pradesh, Haryana and Rajasthan.
The bench stressed that "extreme orders create extreme situations," stressing the need to balance the fundamental right to clean air with the livelihood concerns of thousands dependent on the fireworks industry.
"In spite of there being a complete ban, it cannot be implemented. The ban is hardly implemented," observed the bench, noting that prohibitions often drive activities underground.
The court, therefore, stopped short of lifting the Delhi-NCR ban but asked the Centre to evolve a "workable solution" in consultation with the Delhi government, manufacturers, traders and other stakeholders. The Union ministry of environment has been directed to submit a proposal by October 8.
"We find that it will be appropriate that the Union government comes out with a solution after taking all stakeholders, including the Delhi government, manufacturers and sellers of crackers," stated the court order.
Senior advocates Balbir Singh and K Parmeshwar, appearing for firecracker manufacturers, urged that production be allowed since the festive season is the peak demand period. They highlighted that their clients hold dual certifications- -- from the National Environmental Engineering Research Institute (NEERI) for green formulations, and from the Petroleum and Explosives Safety Organisation (PESO) for explosives licenses. According to NEERI's website, 1,403 manufacturers are registered across India, including 51 in Uttar Pradesh, 22 in Punjab and Haryana, and one in Delhi.
The bench accepted the plea but made it conditional: "We permit manufacturers who have valid certification of green crackers.the same shall be subject to the undertaking that they will not sell their products in the prohibited area (Delhi-NCR)."...
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