Diwali Preparations Face Uniform Regulations Across India
In a significant clarification ahead of Diwali, the Supreme Court asserted that its prohibition on barium and certain banned chemicals in firecrackers extends far beyond the boundaries of the National Capital Region (NCR) to encompass the entire nation.
Nationwide Jurisdiction
Days before Deepavali celebrations, the Supreme Court clarified on Tuesday that its orders to minimise air and noise pollution caused by firecrackers bind States across the country and not just Delhi National Capital Region.
Moderation Encouraged
“Celebrations can take place, but with some moderation. One can bring happiness to others with celebrations, but not at the cost of the environment,” Justice M.M. Sundresh, on the Bench, said.
Justice A.S. Bopanna said adults tended to behave worse than children, bursting crackers galore, with no thought of the pollution and discomfort caused by them.
Awareness and Adult Behavior
“Due to awareness spread in school, children do not burst crackers much. It is the adults who do it,” Justice Bopanna remarked. He said people easily dodge time restrictions imposed for bursting crackers.
“If we give a 10.30 p.m. limit, they will burst their entire stock of crackers by 10 p.m. All they think of is finishing their stock of crackers,” Justice Bopanna said.
Hope and Sensitization
Justice Sundresh said the impetus should be on sensitising people. “We live on hope,” the judge remarked.
The court was hearing an application highlighting a spike in pollution in Rajasthan despite restrictive orders passed by the Supreme Court.
Responsibility of Authorities
The Rajasthan counsel said the desire to protect the environment had to be a part of the “collective consciousness of society”.
“Every citizen should agree to celebrate with fewer crackers,” the counsel said.
The applicants said governments could not leave the responsibility of protecting the environment to individual citizens. Authorities, who hold the environment in public trust, were obliged to take action and remain on their toes to ensure clean air.
Court’s Assertion
The court said State governments should take steps to minimise air and noise pollution not only during festive seasons but even otherwise. The orders of the Supreme Court bind all States, including Rajasthan, the Bench reiterated.
This clarification aims to dispel any misconceptions about the geographical limitations of the Supreme Court’s directives, ensuring that the regulations on firecracker usage apply uniformly across the country.
