NEW DELHI: Holding that Deepawali has a religious, social, psychological and emotional significance for people, Supreme Court on Monday kept the window open for bursting of green firecrackers on Nov 7 and 8 between 6am and 7am, and between 8pm and 10pm.The court had allowed bursting of crackers at the same time last year too.A bench of Justices M M Sundresh and Prasanna B Varale directed police and administration to ensure polluting crackers remain out of bounds for people in Delhi, and take punitive action against those who deal in such crackers.While acknowledging Deepawali’s significance, the court stressed that the right of an individual to engage in a particular practice, which may have a religious colour, was only a qualified one and not exempt from restrictions allowed by the Constitution.“…Allowing the environment to degrade, which results in a health hazard to all living beings, defeats the very purpose of the festivities… All parties before us are ad idem (of one mind) on the fact that bursting of firecrackers is contributing enormously to pollution in Delhi/NCR,” it said. Restriction on manufacture and sale of crackers in the national capital will continue after Diwali.The bench, however, did not favour a complete ban on firecrackers. “Though imposition of a blanket ban seems to be the ideal solution, we are of the opinion that this court, at this point in time, is short of adequate data to decide whether or not a complete ban would be the best solution to solve the problem of environmental pollution, caused by bursting firecrackers,” it said.The bench directed district collectors/commissioners, in consultation with the superintendent of police concerned, to identify and designate locations in the NCR to facilitate the sale of green crackers and banned online sale. “The sale of firecrackers shall be strictly prohibited in any other location, other than the designated ones, including sale through online platforms,” it said.“We direct the authorities concerned to mandate all manufacturers and traders of firecrackers in Delhi-NCR to furnish a monetary security, which shall be a handsome amount, as determined by them. The said security deposit shall immediately stand forfeited in case any manufacturer or trader of firecrackers violates any of the directions passed by this court,” the bench said.The court noted in its order that bursting of firecrackers, though constituting a religious practice meant to celebrate the occasion, would result in severe environmental pollution, especially air and noise, apart from the creation of solid waste. It said the unregulated practice affected everyone, including the end user and, among human beings, children, disabled and elderly people constituted the most vulnerable groups.“It is not in dispute that the right to practice, profess and propagate religion conferred under Article 25(1) of the Constitution is certainly subject to public order, morality, health and other provisions of Part III of the Constitution. This court has repeatedly held that ‘right to life’ envisaged under Article 21 of the Constitution includes the right to a healthy, safe and pollution-free environment, and the said position has been crystallised and, hence, requires no repetition.
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Therefore, the right of an individual to engage in a particular practice, which may have a religious colour, is only a qualified one and cannot go beyond constitutional restrictions,” the bench said.It added that there shall be no manufacture or sale of firecrackers joined in series (‘ladis’) and garlands. Use of firecrackers with barium and those not approved by CSIRNEERI as green crackers shall not be permitted.
