Supreme Court Questions Delhi Government Over Firecracker Restrictions, Warns Orders Are Being Undermined

The Supreme Court on Thursday had noticed that the firecracker rules issued by the Delhi government and the Commission for Air Quality Management (CAQM) were not being adhered to during the festive season. Its orders had been seeming “academic” and amounted to a “mockery” due to repeated violations, the top court reportedly said.

The top court was hearing the impact of firecrackers on Delhi-NCR’s air quality. Justice MM Sundesh and Justice PB Varale in a bench of the Supreme Court while questioning the authorities stated that they have not been able to obtain any concrete information regarding the enforcement process or the effect of steps taken to check pollution in the region.

So what did you do? What's the point of passing orders, if you don't tell us what you've done? It becomes a mockery then,” the bench asked Delhi government, as per news agency ANI. Additional solicitor general Aishwarya Singh Bhati for the Union government told the bench that there was an enforcement mechanism, but it had not been put before the court.

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The top court reportedly questioned the enforcement teams whether they visited the identified areas, and if they did, what information and data they took. It also wanted to find out how it could be done to compare regions that saw an increase in the AQI against regions that didn't.

The court said, “Next year you will make a similar submission when we will not be there, to another bench” and “think now at a higher level”. The bench noted air pollution was not an "adversarial" issue but it was an issue which impacts upon “every living being”.

Authorities have failed to fully gauge the effect of the relaxation of the firecracker ban last year, the court-appointed adviser said. Under the new policy, green crackers were allowed, but banned firecrackers were reportedly used and the enforcement authorities did not provide clear data on violations. The bench said the explosion of firecrackers will definitely aggravate air pollution.

The judges said, “It goes without saying when you burn crackers it's going to burn. The court raised the question of whether the amicus curiae's concerns were about a ban on the use of firecrackers in its entirety. “So what you’re saying is it should be closed (a compete ban on firecrackers)?” the court asked.

SC's goal is to create a balance between celebration and public health.

The Supreme Court had stated that it was not aiming for a blanket ban on firecrackers but to reduce pollution due to them, balancing the religious sentiments with public health concerns.

“We are not for absolute ban, we have been trying to balance it. The court said, asking authorities to keep an eye on it on two days when firecrackers are allowed.

“Obviously as a trader, they will always go with supply and demand. They’ll do maximum business as possible,” the bench said, questioning whether regulating sales alone was enough. It recommended engaging of the prominent public personalities and celebrities to dissuade people from bursting firecrackers. The bench said the focus of the authorities should be on implementation of its directions and not taking up case of those celebrating festivals.

We also know the sentiment of the people, we are not on religion now; we are on the logical thing. How people will celebrate a festival without causing harm to anybody?”, the court asked.

It was a festival of light…before firecrackers, there was no problem; before firecrackers, they used to light lamps and it was beautiful…the problem is fire and not light, the bench added.

It also recommended that top personalities be used to create awareness. “In an attempt, spread awareness through a big name, like Virat Kohli for instance,” it said.

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Pumps and tanks will be required to comply with the requirements of the court.Pumps and tanks must meet court requirements.

The authorities outlined measures for the winter pollution season, which consist of 608 anti-smog guns, EV charging stations, greening projects, and more monitoring. Additional solicitor general Aishwarya Bhati told the court that the Delhi government had drawn up a plan for the pollution season, ANI reported.

The bench, though, cited a report saying that only nine of CAQM’s 29 units were functioning. It also raised queries about reports of the authorities' adherence to its instructions and about the effectiveness of their efforts in reducing pollution.

Hearing of the Diwali firecracker will be on a separate bench.

Supreme Court has heard the Delhi's air pollution issue in its suo motu proceeding initiated on a petition by advocate MC Mehta. In 2015, a separate petition was filed by three toddlers asking to completely ban firecrackers given their detrimental effects on toddlers, older people and people with health issues, reports HT.

The court had granted a window for the sale and use of firecrackers during the festive season of the Diwali last year, while trying to factor in public health concerns with religious and festive sentiments.

Firecracker vendors have been requesting the same again this year, and are requesting the court to allow the sales as well as designate dates and time to fire crackers. Firecracker issue will be dealt with by a separate bench.

The court earlier this month urged a “practical and pragmatic” approach that is taking into account both public health and religious feeling. The Centre has also sent scientific and regulatory agencies with formulations of less polluting firecrackers.

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