By Sunil Garodia
First publised on 2021-11-01 14:04:46
A vacation bench of Supreme Court today stayed the Calcutta High Court order imposing a complete ban on firecrackers of all kind, whether emitting sound or light, in the state of West Bengal till December 31, 2021. The bench of Justices AM Khanwilkar and Ajay Rastogi was categorical in saying that there cannot be a blanket ban on all kinds of firecrackers. The Calcutta HC had banned firecrackers keeping in mind the need to avoid pollution during the pandemic. But the Supreme Court was of the view that since it had already allowed eco-friendly "green" (or made from less polluting material) firecrackers for a limited period of time on Diwali day, a complete ban was not called for.
The court said that "There cannot be a complete ban of firecrackers. Strengthen the mechanism to stop misuse." It called upon the West Bengal government to ensure that firecrackers banned by the Supreme Court were not imported in the state by strictly patrolling entry points. The police have to ensure that banned firecrackers are not made, distributed or sold in the state. The order, however, said that ambient air quality of the city has to be better than "poor" for allowing ven "green" firecrackers. Further, according to the WB Pollution Control Board, all "green" firecrackers need to be certified by National Environmental Engineering Research Institute (Neeri). This poses many challenges for enforcing agencies.
After the Calcutta HC order, the Kolkata Police had rightly issued advisories informing the public that all kinds of firecrackers were banned in the state. Officers were doing the rounds of highrises and building complexes (both, along with slums, were the worst offenders of firecracker bans in the past) to impress upon them that any violation would result in strict action. That was a very good step by them as revelers would have suffered harassment due to police action on festival days if they knowingly, or even inadvertently, violated the ban.
But after the Supreme Court order, the situation has changed. The police will now have to allow bursting of "green" firecrackers. But it needs to be remembered that Diwali is a festival of lights and is best celebrated by lighting up one's home, preferably with diyas. It is in the interest of the entire community and the society at large if sound and smoke pollution is avoided as cities and towns in India are already chartbusters when it comes to being the most polluted cities in the world. But it is entirely upon individual choice and discretion and if the law allows it, those who wish to burst "green" firecrackers must not be stopped from doing so.
image courtesy: biotecnika.org