On Wednesday, September 13, the Supreme Court declared that it wouldn’t interfere in the ban on the production, sale, storage, and utilization of all types of firecrackers in Delhi during this Diwali season. The ban has been re-imposed by the Delhi government.
A bench comprised of Justices AS Bopanna and MM Sundresh indicated that some different ways to celebrate Deiwali should be adopted. This is after BJP Lok Sabha MP Manoj Tiwari stated before the court that the ban had been re-imposed despite the court allowing the bursting of green firecrackers.
“There are many states imposing complete ban despite the orders of this court,” counsel representing Tiwari argued. The court responded to this by saying, “Locally if there is a ban, there is a ban. We will not interfere. You can find other ways to celebrate.”
A writ petition had been filed by Tiwari challenging the ban on firecrackers imposed by the Delhi government ahead of Diwali 2022. The court had back then also declined to interfere in the ban. “Spend on sweets. Let people breathe clean air,” the Court was quoted as saying.
The court happened to reiterate its stand today saying, “Where the government has banned firecrackers, it means a complete ban. People’s health is important. If you want to burst firecrackers, go to states where there is no ban.”
The counsel meanwhile argued that his client being an MP was responsible towards his constituents and that the court had allowed the bursting of green firecrackers. “You should make the people understand that they should not burst firecrackers. You should not burst firecrackers during victory processions after elections. There are other ways of celebrating the victory,” the Court then added.
This is a couple of days after the Delhi government on September 11, declared a full ban on the manufacture, storage, sale, and bursting of firecrackers in the national capital to tackle high pollution levels during the winter months.
The broad regulation, which includes a prohibition on the sale of firecrackers online, arrives just in time for the holiday season. During the previous two years, a similar blanket restriction had been imposed. However, there have been instances of people setting off firecrackers during the Diwali celebrations.
The issue of a ban on firecrackers appears every year ahead of Diwali, blaming the Hindu festival for the grave air pollution faced by Delhi and neighboring areas during the fall season. Every year Diwali is targeted despite studies showing that the festival’s contribution to air pollution is negligible and temporary, while the major causes are stubble burning by farmers in nearby states, vehicles and construction activities, weather patterns, and the geographical location of the area.