By: Shubham Ghosh
THE Supreme Court of India on Monday (1) set aside a ruling by the Calcutta High Court imposing complete ban on firecrackers this Diwali to check air pollution amid Covid-19 pandemic.
The top court said green crackers – those made using relatively-less polluting materials – can be used during the festival of light.
“There cannot be a complete ban of firecrackers. Strengthen the mechanism to stop misuse,” the judges said.
Supreme Court Justices AM Khanwilkar and Ajay Rastogi also asked the government of the eastern Indian state of West Bengal to explore ways to ensure that banned firecrackers and related items are not stopped from entering the state.
The apex court judges heard the matter during the Diwali break after manufacturers of firecrackers moved the court against the order of the high court banning their sale, use and purchase of all types of firecrackers in the state issued recently.
Senior lawyer Siddharth Bhatnagar, who appeared for the manufacturers, told the top court on Monday, “Despite the fact that there are three orders of Supreme Court regarding green crackers and two orders of the National Green Tribunal, the Calcutta High Court has banned green crackers. The Supreme Court orders say that if air quality is moderate or better, green crackers may be permitted to be used.”
The Calcutta High Court’s order had come over a public interest litigation that was filed by Roshni Ali, an environmental activist, who sought a ban on the sale and use of firecrackers during the upcoming festivals to protect people’s right to clean, healthy and breathable air, particularly in times of the pandemic.
“The state should ensure that there is no use or display or bursting of firecrackers of any type at all during Kali Puja, Diwali celebrations as well as Chhath Puja, Jagadhatri Puja, Guru Nanak’s birthday and Christmas and New Year’s Eve celebrations this year,” the high court said.
It also said that only wax or oil-based ‘diyas’ (earthen lamps) may be used for the festivities.
Kolkata, the capital of Bengal, has seen a steep rise in air pollution levels in recent years and according to a study by researchers from the University of Chicago, the US, if the pollution levels of 2019 persist, the residents could lose nine years of life expectancy.