Recently, the Bhopal branch of the National Green Tribunal (NGT) emphasized the critical need for strict adherence to the guidelines set forth by both the Supreme Court and the main bench of the tribunal regarding the control and limitations on the usage of fireworks.
"Celebration cannot be at the cost of the other’s health. Under the guise of celebration, nobody can be permitted to infringe the right to health of the others, guaranteed under Article 21 of the Constitution of India and nobody can be permitted to play with the life of the others, more particularly the senior citizens and the children," the NGT said.
In the same directive, the tribunal made it clear that a comprehensive prohibition on the use of firecrackers does not exist. Rather, only those fireworks deemed harmful to the well-being of the public, notably children and the elderly, have been restricted. The tribunal also cautioned authorities against authorizing the use of any banned fireworks under the pretext of celebrations.
In 2018, the Supreme Court, in the case of Arjun Gopal vs. Union of India, imposed a ban on specific categories of firecrackers and mandated the control of the remaining varieties of fireworks. Additionally, the highest court stipulated that during occasions such as Diwali and other festivals, firecrackers could only be utilized within designated time frames.
In 2021, the Supreme Court issued directives to take legal action against individuals involved in the sale of prohibited firecrackers. As a result, on October 31, 2021, the Home Ministry of the Madhya Pradesh government issued similar instructions to all Collectors and Superintendents of Police in the state.
However, in an October 19 order, the NGT bench at Bhopal noted that banned firecrackers were still being sold. In some cases, such banned crackers were being sold under the guise of their being green crackers. The tribunal remarked that it was unfortunate that there was such a blatant violation of the earlier directions.
The NGT emphasized once again that, considering the detrimental impacts of prohibited fireworks, it is the responsibility of the states to ensure strict adherence to the directives issued by the Supreme Court, the NGT, and the government. It further stated that any lapse on the part of State governments and Union Territories would be viewed seriously. Furthermore, the NGT instructed the district magistrates of Gwalior, Indore, Bhopal, and Jabalpur to conduct regular monitoring of air quality and to implement essential measures to uphold a suitable level of air quality in these cities.
