The Supreme Court recently gave some guidelines in line with the sale, manufacture and use of firecrackers.
What are the guidelines?
The ban came on the basis of a petition filed by two infants through their fathers in 2015.
They said the air pollution caused by various factors, especially firecrackers, made Delhi a gas chamber and pleaded for their right to life.
Time - The Supreme Court restricted the use of fireworks during Deepavali and other festivals to an 8-10 pm window.
For Christmas and New Year, the time slot allowed is half-an-hour, between 11.55 p.m. and half-past midnight.
Manufacture - The court banned crackers that are loud and toxic to man, animal and the environment.
It banned the manufacture, sale and use of joined firecrackers (series crackers or ‘laris’).
It held that they caused “huge air, noise and solid waste problems.”
It allowed the manufacture and sale of only “green” and reduced-emission or “improved” crackers.
Sale - The sale of green and improved crackers would be only through licensed traders.
The court banned the online sale through e-commerce websites, including Flipkart and Amazon.
Any e-commerce company selling crackers online would amount to contempt of court.
It may also invite orders of monetary penalties from the court.
Community - The court urged the Central and State governments to permit “community” bursting of crackers during festivities in pre-designated areas.
In the case of Delhi and the National Capital Region (NCR), the court made it mandatory.
It gave the Centre, the Delhi and other State governments, whose areas fall within the NCR, a week’s time to identify these pre-designated areas.
It directed that the public should be informed about the designated places a week before Diwali.
Violation - Local Station House Officers would be held personally liable and hauled up for contempt by the court if there was any violation of the judgement.
This applies both to the time slots for bursting crackers and the sale of banned crackers.
PESO - The court banned the use of barium salts in fireworks.
It entrusted the Petroleum and Explosives Safety Organisation (PESO) in this regard.
PESO will have to ensure that only fireworks with permitted chemicals are sold or purchased during festivities or celebrations.
It should also test and check for the presence of banned chemicals like lithium/arsenic/antimony/lead/mercury.
It has to ensure that only those crackers whose decibel (sound) levels were within the limits are allowed in the market.
PESO has been empowered to suspend the licences and appropriately dispose of stocks of manufacturers who violated the court’s directions.
What is the court's rationale?
The court rejected arguments that bursting crackers was a fundamental right.
It also ruled it out as being an essential practice during religious festivals like Diwali.
It held that Article 25 (right to religion) is subject to Article 21 (right to life).
So a religious practice that threatens the health and lives of people is not entitled to protection under Article 25.
The ruling has thus struck a balance between two rights -
right of the petitioners under Article 21 (right to public health)
right of the manufacturers and traders under Article 19(1)(g) (right to practice any profession or to carry on any occupation, trade or business)
What are “Green crackers”?
“Green crackers” do not contain harmful chemicals that would cause air pollution.
Components in firecrackers are replaced with others that are less dangerous and less harmful to the atmosphere.
The idea was initially proposed by Science & Technology Minister Harsh Vardhan.
It was carried forward by a network of CSIR labs - Central Electro Chemical Research Institute (CECRI), Indian Institute of Chemical Technology, National Botanical Research Institute, National Chemical Laboratory.
The team came up with 3-4 formulations and looked at 30-40% of active materials which reduce particulate matter.
CSIR-CECRI has developed flower pots by using “eco-friendly materials” that can potentially reduce particulate matter by 40%.
CSIR-NEERI is testing the efficacy of bijli crackers by “eliminating the use of ash as desiccants”.
Potential sound-emitting functional prototypes that do not emit sulphur dioxide were also developed.
These crackers are named as Safe Water Releaser (SWAS), Safe Thermite Cracker (STAR) and Safe Minimal Aluminium (SAFAL).
These have the unique property of releasing water vapour and/or air as dust suppressant and diluent for gaseous emissions.
The Petroleum and Explosives Safety Organisation is testing and analysing these crackers for safety and stability.
What next?
An emissions testing facility has been established at CSIR-NEERI.
This will test conventional and green crackers and monitor them for emissions and sound.
E-crackers or electric crackers are also being tested by a CSIR-CEERI team.
However, feedback from manufacturers has not been encouraging as they feel it would sound like listening to a recording of firecrackers instead.
