Indic Collective’s J Sai Deepak argues in SC against the Diwali cracker ban in NCR

After making a splash with his arguments in the Jagannath temple case, J Sai Deepak, on behalf of civil liberties group Indic Collective, once again made some salient arguments in the Court in the Diwali cracker ban case. Arguing against the ban, he cited a study which pointed to a variety of factors which contributed to high pollution in the NCR and none of which point towards Diwali as the sole or the biggest contributor.

He cited a 2018 report by a Parliamentary Standing Committee which mentioned 7 major causes of pollution in Delhi but didn’t include Diwali. Sai Deepak also submitted that imposing a blanket ban would effectively mean that the State has conceded that it is incapable of regulating an industry despite the existence of a regulatory mechanism.

He also demonstrated that bursting of crackers during Diwali is based on the faith and traditions of individuals and is a ritual that has a clear scriptural basis. Thus, he asserted that the bursting of crackers during Diwali is protected by Article 25(1) of the Constitution in light of the fact that it has a clear scriptural basis.

- Advertisement - - Article resumes -

The Central government too has opposed the plea for a nationwide ban on the use, manufacture, licensing, sale, resale or distribution of firecrackers and sparklers of any kind during Diwali in a bid to combat pollution on an emergency basis. However, the Center has suggested alternative measures to curb pollution which includes the imposition of additional conditions on the manufacture and selling of high-decibel crackers.

The Centre proposed the use of “reduced emission firecrackers or improved firecrackers”. These are “low emission sound and light emitting functional crackers with PM reduction by 30-35% and a significant reduction in nitrogen oxide and sulphur dioxide due to in-situ water generation as a dust suppressant and low cost due to the usage of low-cost oxidants”.

The government of Tamil Nadu also opposed a nationwide ban on crackers. Senior Counsel Shekhar Nalpade deemed it an extreme measure and said a solution to the problem of pollution should not itself become a problem. The Tamil Nadu Fireworks and Amorces Manufacturers Association, Sivakasi, submitted that fireworks have been an integral feature of festivals of all communities. It was also submitted that the firework industry provides employment to 3 lakh people and indirectly to 10 lakh people. Any ban on fireworks will adversely affect the lives of lakhs of people.

Share and Support:
Support OpIndia by paying for content

Most read articles recently

Ghaziabad: Stray dog, mother of five puppies, raped and dragged to death by Nafees and Tauseef

Nafees, one of the accused, has reportedly confessed to the crime of raping the animal several times before dragging her through the streets

Here is what connects attack on Akshaya Patra, French NGO against Rafale and demonization of Amarnath Yatra

The web of foreign-funded NGOs that demonised the Amarnath Yatra, French NGO that complained against Rafale in France and the demand to remove Akshaya Patra from midday meals contract

Activist opposing Akshaya Patra’s mid-day meal contract thinks ‘Brahmins obstruct India’s development’

The Akshaya Patra has come under criticism recently for not including onion and garlic in its mid-day meals for school children.

Rajasthan Police ends up declaring a true incident as ‘fake news’ on Twitter

In a video being widely shared, a person can be heard complaining about 'Aurangzeb Rule' in Rajasthan and the people sharing the video claim it is from Utambar, Rajasthan.

All you need to know about Congress’ Chhattisgarh CM elect: Bhupesh Baghel, who was once jailed in sex CD case

Congress leader and Chhattisgarh CM elect Bhupesh Baghel is currently out on bail in sleaze video case

Zee News issues defamation notice of Rs 1000 crore to Congress leader Navjot Singh Singh

Sidhu had allegedly threatened the Zee News when he had said “nani yaad dila denge” after Zee News had shown a video ‘Pakistan Zindabad’ slogans were raised at an election rally

Loans waived by Congress govt in MP, but here are the ‘conditions apply’ that farmers should see

One of the main poll promises in the run-up to 2018 elections was farmer loan waiver. Rahul Gandhi and all Congress leaders harped on farmer loan waiver.

#GoBackSonia trends on Twitter ahead of Sonia Gandhi’s Tamil Nadu visit to inaugurate Karunanidhi’s statue

Twitter is abuzz with #GoBackSonia trend as Sonia Gandhi is going to Chennai to inaugurate the statute of DMK founder Karunanidhi.

Pakistan uses Congress leader and ‘liberal’s’ arguments to undermine PM Modi yet again

Aiyar, who is known to make controversial statements, spoke about the 'Rafale scam' and how it has dented Prime Minister Modi's clean image in India. He also claimed there was rampant corruption within the NDA government.

Debt ridden farmers receive recovery notices in Karnataka even as Rahul Gandhi claims state had waived farmer loans

The Congress party's promise of loan waiver in Karnataka seems to be a hoax as farmers are being constantly harassed with notices to repay the loans.

Latest articles

Connect with us


Don't miss these