Firecracker restrictions: NGT calls for strict compliance; says celebrations can't be at the cost of health

The National Green Tribunal (NGT) at Bhopal 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. [Dr PG Najpande & Ors v State of MP & Ors].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 of India.."Celebration cannot be at the cost of the other’s health. Under the guise of celebration, nobody can be permitted to infringe the right to health of the others, guaranteed under Article 21 of the Constitution of India and nobody can be permitted to play with the life of the others, more particularly the senior citizens and the children," the NGT said..In the same order, the tribunal also clarified that there is no "total ban" on the use of firecrackers. Only those firecrackers found injurious to the health of citizens, particularly children and the elderly have been banned. The tribunal further warned authorities not to permit the use of any banned crackers under the guise of celebrations. .In 2018, the Supreme Court, in Arjun Gopal vs Union of India, had banned certain categories of firecrackers and directed the regulation of the remaining types of firecrackers. The top court had also directed that during Diwali and other festivals, firecrackers could only be used during prescribed time slots.In 2021, the apex court issued directives to take action against those selling banned firecrackers. Consequently, on October 31, 2021, the Home Ministry of the Madhya Pradesh government issued such instructions to all Collectors and Superintendents of Police in the State. These instructions were for the inspection and testing of firecrackers and for obtaining an undertaking from firecracker sellers, to ensure their compliance with the government's directions..However, these directions by the Madhya Pradesh government were not being complied with, resulting in non-compliance with the Supreme Court's orders as well as an order of the NGT..Therefore, an execution application was filed before the Central Zonal Bench of the NGT calling for the enforcement of earlier directions. .The tribunal noted that in 2020, the NGT's principal bench had directed a ban on the sale and use of firecrackers during Diwali in areas where the air quality was ‘poor’, ‘very poor’ or ‘severe.'It had also restricted the use of firecrackers to green crackers in cities and towns where the air quality was ‘moderate’ or below. Further, such crackers were to be used only for two hours and only during festivals..However, in an October 19 order, the NGT bench at Bhopal noted that banned firecrackers were still being sold. In some cases, such banned crackers were being sold under the guise of their being green crackers. The tribunal remarked that it was unfortunate that there was such a blatant violation of the earlier directions..The NGT reiterated that given the adverse effects of the banned fireworks, it is the duty of the States to see that directions issued by the Supreme Court, the NGT and the government were strictly complied with.It further stated that any lapse on the part of State governments and Union Territories would be viewed seriously."If it is found that any banned firecrackers are manufactured, sold and used in any particular area, the Chief Secretary of the concerned State(s), the Secretary (Homes) of the concerned State(s) and the Commissioner of Police of the concerned area, District Superintendent of Police of the concerned area and the SHO/Police Officer in-charge of the concerned police station shall be held personally liable," the NGT said.It also directed the district magistrates of Gwalior, Indore, Bhopal and Jabalpur to periodically monitor the air quality and take necessary action to maintain suitable air quality in the cities.The matter is listed for further hearing on November 8..[Read Order].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.