Celebration cannot be at cost of health of others: Supreme Court reiterates ban on barium salts in firecrackers

Ahead of the Diwali season, the Supreme Court on Friday reiterated the ban on the use of barium salts in firecrackers as well as other directions issued previously (Arjun Gopal v. Union of India)..A Bench of Justices MR Shah and AS Bopanna criticised those acting in violation of the Court’s orders, stating that no celebration can be at the cost of others' 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 Court, however, clarified that there was no complete ban on the use of firecrackers, and that only those found injurious to health of citizens, particularly senior citizens and children, were banned..The directions were passed in an application seeking a ban on firecrackers after it was found that previously banned crackers were being manufactured and sold under the garb of “green crackers”.“It is unfortunate that despite the various directions issued by this Court referred to hereinabove, there is a blatant violation of various directions issued by this Court,” observed the Bench while stating that the allegations, if found to be true, were very serious and would not be tolerated..Keeping this in view, the Court opined that the government agencies did not appear to be inclined to implement the Court’s directions despite responsibility of compliance being placed on concerned District Magistrates and police officials..Therefore, the Court directed all states and union territories to ensure that all directions are strictly complied with in their true spirit and in toto. It was further stressed that any lapse would result in personal liability being imposed on local authorities.“Any lapse on the part of the State Governments/State Agencies and Union Territories shall be viewed very seriously and 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.”.States were also instructed to adequately publicise the directions and make people aware of the same. In these terms, the matter was posted for further hearing on November 30..[Read Order Here]