Firecracker ban: SC for striking between religious sentiments and health concerns

“If we do that, society itself becomes awakened and people come forward. If the citizenry is concerned and civil society is aware of these things, I think that will be the best approach,” the CJI said while hearing a suo motu case on air pollution in Delhi-NCR, including firecrackers and stubble burning.

The Bench – which also included Justice Joymalya Bagchi and Justice V Mohana – made it clear that it was not inclined to order a total ban on firecrackers even as it emphasised that people should realise the health hazards involved and accordingly shift to safer practices.

Highlighting the health hazards posed by air pollution, amicus Curiae and senior advocate Aparajita Singh said, “Gods would be aghast if they knew that children were suffering and getting sick in their name.”

Singh, however, said the top court should balance health concerns with religious sentiments.

On behalf of the Federation of Firework Traders, senior counsel J Sai Deepak pointed to an ongoing ban.

The CJI emphasised caution in passing orders, stating the best approach was to make people wiser and bring about awakening by informing them which crackers are harmful, promoting a culture of lighting only ‘diyas’ (earthen lamps), and persuading people towards it.

Regarding stubble burning, the CJI said crop residue had become commercially viable and financially beneficial to farmers but a market platform needed to be created for them.

Additional Solicitor General Aishwarya Bhati said a policy was already in place for both in-situ and ex-situ treatment of crop residue and that the Centre would file a detailed affidavit on the measures taken to check stubble burning that added to air pollution in Delhi-NCR during October-December every year.