Why in news?
Supreme Court recently reinstated the 2016 temproary ban on the sale of fireworks in Delhi-NCR
What are the criticisims against the judgment?
- Judicial overreach - SC’s judgment was driven primarily by concerns around air quality.
- But it is to be noted that matters concerning policy and its implementation are best left to the legislature & executive.
- The courts should ideally be stepping in only when there is neglect.
- As the governments are already working to stop polluting practices, SC’s intervention is seen as a problematic overstep.
- Previous experience - The 2015 verdict that banned stubble burning in Punjab has proven ineffective.
- The governments concerned still stumble to implement the same due to their inability to get farmers on board.
- Only alternative approaches like making stubble itself a renumerative commodity have contributed to reduced burning, not the ban.
- Rationality - Much bigger factors like vehicular pollution, industries and unpaved roads factors contribute more to the disastrous air quality of Delhi.
- So the focus on fireworks alone seems disproportionate.
What could be fallouts of the ban?
- An outright ban may alienate people who are in the mood for a good celebration.
- Coming just 10 days before the festival, it will be tough to impose the ban on an industry that has already produced stocks.
- This might drive sales in black markets at inflated prices.
- The ban will also harm the livelihoods of numerous people involved in the fire-cracker supply chain.
What could be the way forward?
- Instead of ban, there should be a persuasive approach to give up the practise.
- Holistic solutuions that backed by sustained policy initiatives are needed to address multi-dimensional issues like pollution.
- Innovative ideas bagged by vigourous campaigns are needed to help people shift to eco-friendly ways.
SC’s previous views on cracker ban
- 2015 Verdict - A case seeking ban crackers throughout India was filed.
- It highlighted the health hazards & environmental impact of crackers.
- But SC categorically refused to ban people from bursting firecrackers.
- The court felt that it might be "dangerous" to infringe into the common man's right to enjoy his religious festivities.
- Nevertheless, it ordered for time stipulations (10pm – 6am).
- 2016 verdict - The 2016 case sought a cracker ban specific to Delhi NCR.
- The court imposed a ban in the wake of increased particulate matter concentration in the lower atmosphere above Delhi.
Source: Indian Express, The Hindu
