Supreme Court Clarifies the nationwide ban on Barium in Firecrackers
In a significant development on November 7, 2023, the Supreme Court of India clarified that its previous directives prohibiting the use of barium and banned chemicals in firecrackers apply to the entire nation, encompassing all states and not just the Delhi-National Capital Region.
Supreme Court’s Decisive Statement
The Supreme Court’s orders to ban barium-containing firecrackers and lower air and noise pollution during holiday seasons were being challenged, and the State of Rajasthan was asked to follow them. The Court said that no new orders were needed. Instead, they instructed the state of Rajasthan to adhere to their prior orders, emphasising that these orders were binding on all states in the country.
The bench, which was made up of Justice A.S. Bopanna and Justice M.M. Sundresh, wrote in their order, “At this point, no specific order will be necessary because this Court while hearing the petitions, has passed several orders on steps that should be taken to reduce and avoid noise and air pollution.” Hence, the said orders will bind every state in the country, including the state of Rajasthan. Therefore, we make it clear that the state of Rajasthan will also take note of this and take all steps to minimize air and noise pollution, not only during the festival season but even thereafter.”
Historical Context of the Ban
In 2021, the Supreme Court issued a series of directives to ensure the elimination of banned chemicals from firecrackers before Diwali. The Court clarified that it wasn’t a complete ban on firecrackers; only those containing barium salts were prohibited. According to the guidelines set forth by the Supreme Court in 2018, the use of “green crackers” was acceptable.
Strict Enforcement
In 2021, a bench consisting of Justices M.R. Shah and A.S. Bopanna mandated that if any banned firecrackers were found to be manufactured, sold, or used in a particular area, officials at various levels, from Chief Secretary to Police Officers, would be held personally responsible. The States and Union Territories were directed to ensure strict compliance, and any lapse would be viewed seriously.
Nationwide Impact
The applicant’s counsel expressed concern that people often wrongly believed that the Supreme Court’s orders were restricted to Delhi-NCR. He stressed the need for direction to ensure compliance, particularly during the Diwali season, when Rajasthan experiences a spike in noise and air pollution. Additionally, the applicant sought specific directives for Udaipur, a popular wedding destination year-round.
Justice Bopanna, with a touch of humour, acknowledged, “Added to that, it will also be election season now.”
Encouraging Self-Restraint
The counsel for the State of Rajasthan, on the other hand, argued that pollution levels during Diwali were minor, emphasising the importance of self-restraint. He noted, “Ultimately if the people want to celebrate Diwali, there must be self-restraint. Every citizen must ensure they celebrate Diwali with fewer crackers.”
Justice Bopanna highlighted that it’s often adults, not children, who indulge in firecrackers these days.
Shared Responsibility for Environmental Protection
Justice Sundresh stressed that environmental protection should not solely be the court’s duty, acknowledging the collective role of society.
Other Relevant Cases
The application was part of a group of petitions seeking a ban on the sale, purchase, and use of firecrackers in India, which the Supreme Court has been examining since 2015.
In September of that year, the Supreme Court rejected an application by the firecracker manufacturers’ association, TANFAMA, to include barium with improved formulations in green crackers. The Court reiterated its earlier orders banning barium-based chemicals in firecrackers. Another application from firecracker manufacturers seeking to use joined crackers was also dismissed.
A Quest for Cleaner Air
In today’s hearing, Senior Advocate Shyam Divan, representing the association, informed the Court that they had approached CSIR-NEERI to develop improved formulations.
Senior Advocate Gopal Sankaranarayanan, representing the petitioners who seek a firecracker ban, responded, “That order is being violated right across Delhi, and we will find out in a week’s time.”
In another application related to controlling stubble burning in neighbouring states of Delhi-NCR, the Court learned that a parallel bench was addressing a similar matter. The court requested a response from the meteorology department within three weeks regarding this application.
Addressing Stubble Burning
Notably, in light of worsening air quality in the Delhi-National Capital Region, the bench of Justices Sanjay Kishan Kaul and Sudhanshu Dhulia directed the governments of Punjab, Rajasthan, and Haryana to take immediate steps to curb stubble burning by farmers, a major contributor to air pollution. This move aimed to address the pressing issue of deteriorating air quality in the region.
Origins of the Petition
Arjun Gopal, Aarav Bhandari, and Zoya Rao Bhasin, who were between the ages of 6 and 14 months at the time, filed the original writ petition in 2015, calling for immediate action to lower fatal pollution levels in Delhi, the nation’s capital. They advocated for a complete ban on firecrackers, sparklers, and explosives during festivals.
Since 2015, the Supreme Court has issued numerous orders while considering this petition. In October 2018, it ruled against a complete ban on firecrackers but allowed the sale of less polluting “green crackers” through licenced traders. The Court also prohibited online firecracker sales and set specific time limits for bursting crackers in designated areas.
On October 29, 2021, Justices MR Shah and AS Bopanna led a group of judges who made a set of strict instructions to make sure that earlier orders were followed. These instructions said that only “green crackers” could be used instead of firecrackers that use chemicals based on barium. The Court stressed the need for full compliance by state governments and union territories, and any lapses would be treated seriously.
Also read Nepal Earthquake: Numerous Homes Destroyed in Devastating Quake, 70 Fatalities and Hundreds Injured
