The Supreme Court on Wednesday said it would not impose a total firecracker ban ahead of Diwali. The bench noted, "We need to find a solution by which we can give a specified time." Judges want to balance festive sentiments with the health of children and the elderly during celebrations.
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The Supreme Court on Wednesday said it would neither impose a complete ban on firecrackers nor allow fireworks throughout the day, observing that a total ban could hurt sentiments.
A bench of Justices MM Sundresh and PB Varale said a middle ground was needed by specifying hours during which firecrackers could be used.
"We will make it very clear. Neither we are going to agree for total ban, nor are we going to allow them to do it (fireworks) for 24 hours a day. Total ban will affect sentiments. And allowing them throughout the day will have huge impact on every other living being including the old, sick and children.
"We need to find a solution by which we can give a specified time," the bench observed orally.
During the hearing, Additional Solicitor General Aishwarya Bhati submitted a note stating that a limited and conditional relaxation may be considered for specified 'next-generation joined green crackers' recommended by CSIR-NEERI, subject to noise, emission and safety requirements.
Developed in collaboration with the Council of Scientific and Industrial Research - National Environmental Engineering Research Institute (CSIR-NEERI), next-generation joined green crackers are newly formulated linked fireworks designed with reduced barium salts to lower emissions.
The note said these specific firecrackers may be permitted only if manufactured by duly licensed manufacturers, comply with the prescribed noise limit of 125 dB(AI)/145 dB(C) peak, and do not contain banned chemicals.
The top court said it will consider the issue relating to the use of barium in firecrackers on October 15.
In a significant relaxation ahead of Diwali, the top court had last year permitted the sale and use of green firecrackers in Delhi and the National Capital Region, subject to conditions aimed at balancing traditions with environmental and health concerns.
The court had also made it clear that the use of green crackers would be confined to specific hours of the day before Diwali and on the festival day itself.