Prohibited Firecrackers During Celebrations:
The National Green Tribunal (NGT) addressed a case concerning the Madhya Pradesh Government’s failure to enforce regulations related to the testing and inspection of firecrackers, as well as the undertaking required from firecracker sellers to abide by these regulations. The case stemmed from the non-compliance of the government’s directives, leading to the violation of the Supreme Court guidelines set in the landmark case of Arjun Gopal v. Union of India (2019).
The applicant contended that the mandated testing and undertakings specified by the government were not carried out, resulting in the infringement of the restrictions outlined in the Arjun Gopal case. This landmark ruling prohibited certain categories of firecrackers, with the Supreme Court providing clear guidelines for the regulation of the remaining types. However, during the year 2022-23, no undertakings were obtained from firecracker sellers, exacerbating the region’s air quality index and causing adverse effects on public health.
The NGT, represented by its members Sheo Kumar Singh and Dr. Afroz Ahmad, emphasized the fundamental principle established in the Arjun Gopal case: the health and well-being of the people must always take precedence over any commercial or other interests, including those of the applicants or licensees. Consequently, the NGT stressed the necessity for stringent regulations, potentially leading to an outright prohibition, to safeguard public health.
Citing the specific directives outlined in the Arjun Gopal case, the NGT further elaborated on the permissible timing for fireworks. Firecracker displays during cultural and religious events, such as Diwali and Gurupurab, were strictly limited to the window between 8:00 p.m. and 10:00 p.m. On occasions like Christmas Eve and New Year’s Eve, when fireworks traditionally occur around midnight (12:00 a.m.), they were allowed only from 11:55 p.m. to 12:30 a.m. To facilitate community celebrations,
The NGT authorized the Union of India, the Government of NCT of Delhi, and the State Governments of the National Capital Region (NCR) to permit community firecrackers exclusively for Diwali and other festivals. However, this was contingent upon the identification and designation of specific areas or fields by the relevant authorities. Furthermore, for events such as marriages and other special occasions, only the sale of improved crackers and green crackers was permitted, ensuring a safer and environmentally responsible approach to celebrations.
The Tribunal expressed deep concern over the flagrant disregard of Supreme Court directives, highlighting the persistent violation involving the production, sale, and use of prohibited fireworks. It condemned the deceitful marketing of banned chemical-laden firecrackers under the guise of ‘green crackers,’ with deceptive labels and alleged fake QR codes.
Emphasizing the public’s well-being, especially that of vulnerable groups like senior citizens and children, the Tribunal underscored the duty of all States and State Agencies to rigorously enforce the Court’s orders. It firmly stated that no authority had the right to flout the Court’s guidelines and allow banned firecrackers in the name of celebration.
The Tribunal asserted that festivities should not jeopardize others’ health, safeguarding the right to health under Article 21 of the Indian Constitution. While clarifying that there wasn’t a complete firecracker ban, it reiterated the prohibition of firecrackers proven harmful, particularly to senior citizens and children, emphasizing the ban on barium salts and joined firecrackers.
Stressing strict compliance, the Tribunal directed States and Union Territories to fully uphold the Arjun Gopal case rulings. It warned that any negligence by State Governments or Agencies would face severe consequences. If banned firecrackers were found in any area, the Chief Secretary, Home Secretary, Commissioner of Police, District Superintendent of Police, and the SHO/Police Officer in charge would be held personally accountable, emphasizing the seriousness of their responsibility.
The Tribunal issued a series of directives:
1. Mandatory Adherence to Arjun Gopal Rulings:
Strict compliance with the guidelines outlined in the Arjun Gopal case (supra) was emphasized.
2. Enforcement of the MP Government’s Regulations:
The directions issued by the Government of Madhya Pradesh regarding the testing and inspection of firecrackers must be diligently enforced.
3. Regulated Use in Cities or Towns with Moderate or Lower Air Quality:
The use of firecrackers in cities or towns where air quality is ‘moderate’ or lower is restricted exclusively to green crackers. These can only be used for a maximum duration of two hours during specified festivals or occasions, as determined and specified by the States or District Magistrates. For any usage outside of these specified festivals, individuals must obtain prior permission from the District Magistrate. This permission will be granted based on local conditions and their potential impact on public health. The District Magistrate is advised to consider the 24-hour average air quality data for PM2.5 and PM10 from the corresponding date of the previous year.
4. Imposing Compensation for Violations:
The District Magistrate, upon receiving complaints or identifying violations, is empowered to assess and recover compensation from those disregarding the specified directives.
5. Regular Monitoring and Action by District Magistrates:
Specifically, District district magistrates of Gwalior, Indore, Bhopal, and Jabalpur were directed to conduct periodic air quality assessments. If the air quality falls below the prescribed standards, immediate action must be taken to restore and maintain the air quality in the respective areas.
These directives underscored the Tribunal’s commitment to ensuring rigorous enforcement of regulations, with a strong focus on environmental and public health considerations.
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