Order on air pollution and firecrackers applicable to all States, not just Delhi: Supreme Court

The Supreme Court on Tuesday clarified that its previous orders regulating the sale and manufacture of fireworks to control air and noise pollution are applicable to all States and not just Delhi..A bench of Justices AS Bopanna and MM Sundresh stated that States should take measures to combat pollution not only during festive seasons but thereafter as well."This Court in the course of dealing with the petition, has passed several orders where the steps have been indicated to minimize and to avoid air as well as noise pollution. Hence, the said orders would bind every State in this country including the State of Rajasthan. Therefore, we make it clear that the State of Rajasthan also would take note of this and take all steps to minimize the air/noise pollution not only during the festival season but even thereafter," the bench observed.The Court was hearing an application seeking steps to control air pollution in Udaipur, Rajasthan. The application was filed in a batch of pleas concerning the ban on barium-made firecrackers.The clarification by the Court came after the counsel for the applicant submitted that the perception was that the apex court's orders regarding firecrackers was limited to Delhi. .In September this year, the Supreme Court had refused to entertain applications to allow the manufacture and sale of green crackers made using barium, as well as joined crackers.In 2018, the apex court had ordered that the manufacture and sale of only green crackers and low-emission crackers were allowed.This would continue and would apply across the country as per the top court's order of Tuesday.In October 2021, the Supreme Court directed all States and union territories to ensure that the ban on crackers made with barium is strictly complied with in its true spirit.However, in October last year, the top court refused to impose a blanket ban on firecrackers in the country..The National Green Tribunal (NGT) at Bhopal also recently called for strict compliance with the directions of the Supreme Court as well as the principal bench of the tribunal with respect to the regulation and restrictions on the use of firecrackers.A coram of judicial member Justice Sheo Kumar Singh and expert member Dr. Afroz Ahmad added that under the guise of celebrations, nobody could be allowed to infringe on the fundamental right to health under Article 21 of the Constitution.