Bench of justices deliberates whether to permit the manufacture and use of green crackers amid discussions on firecracker regulations.
The Supreme Court of India has announced that it will consider whether the manufacturing and usage of green crackers can be permitted, reserving its decision on the matter after extensive deliberation. A bench comprising Justices AS Bopanna and MM Sundresh has reserved the order following a comprehensive hearing.
The apex court’s deliberations revolved around the issue of firecrackers, with one of the pleas filed by BJP leader Manoj Tiwari in 2022 challenging the blanket ban on firecrackers during Diwali celebrations in Delhi.
During the proceedings, the court raised questions about its authority over the Council of Scientific and Industrial Research (CSIR) and emphasized the importance of trusting primary institutions.
Additional Solicitor General Aishwarya Bhati, representing the government, acknowledged that the ban on barium in fireworks was initially proposed by the government but was specific to the 2018 Diwali season. The court observed that, as of now, there is a comprehensive ban in place, encompassing both green and traditional firecrackers.
Additionally, it was revealed that Delhi Police has not issued any permanent licenses for firecrackers since 2016. All permanent firework manufacturing licenses have been revoked, and the police will be inspecting all licensee premises. The court emphasized the need to trace the source of these crackers beyond merely penalizing those who ignite them.
Senior Advocate Gopal Sankaranarayanan highlighted concerns about the unequal ability to indulge in firecrackers, with wealthy individuals able to purchase expensive ones while the impact on public health remains a concern. He urged the court to examine the health effects of barium.
The Petroleum and Explosive Safety Organization (PESO) submitted an affidavit outlining the approval process for green crackers. PESO classified fireworks into sound-emitting, light-emitting, and combination categories, with the latter incorporating both light and sound components. Manufacturers licensed by PESO collaborate with CSIR-National Environmental Engineering Research Institute (CSIR-NEERI) to obtain improved or new formulation fireworks compositions. These formulations are then submitted to PESO for approval.
PESO has already instructed fireworks manufacturers to adhere to the directives issued by the Supreme Court in 2018 to expedite the use of green crackers. They have been advised to obtain an emission test report for improved formulations from CSIR-NEERI.
In the previous hearing, the Ministry of Environment, Forest, and Climate Change (MoEFCC) apprised the Supreme Court of measures taken by relevant agencies and fireworks manufacturers to address the court’s concerns. The Ministry requested the court’s permission to take steps for the smooth implementation and quality control of green crackers.
The Supreme Court hearing pertains to the use of firecrackers during Diwali festivals. In 2021, the court clarified that there was no blanket ban on firecracker usage and that only fireworks containing barium salts were prohibited.
