Supreme Court lifts ban on sale of fireworks [Read judgment]

The Supreme Court today modified its November 2016 order on the sale of fireworks, observing that a complete ban would be “an extreme step”..The order states,.“…a complete ban on the sale of fireworks would be an extreme step that might not be fully warranted by the facts available to us.”.The order pronounced by a Bench of Justice Madan Lokur and Deepak Gupta observed that the health of the people in Delhi and NCR should be given paramount importance..The order also revokes the suspension of valid permanent licences to possess and sell fireworks in Delhi and NCR. The Bench, in its order, opined that a graded and balanced approach would be needed to reduce and eliminate the air pollution in the capital caused due to firecrackers..It was observed that revoking the license might pave the way for setting up of illegal shops which may or may not be known to the police and that a regulatory framework needs to be in force to keep a check on the same..The order states that if the fireworks are not in conformity with the requirements as laid down in Rules 15 and 84 of the Explosives Rules, they must be prohibited from being sold. The Bench, while capping the number of temporary licences to 500, has also directed the Delhi police to reduce the grant of temporary licences by about 50% of the number of licences granted in 2016..It also directed the police authorities and the District Magistrates to ensure that crackers are not burst in silence zones and has asked the Department of Education to formulate an action plan in 15 days with a view to sensitizing school children on the health hazards of pollution..The order absolutely prohibits the use of compounds of Antimony, Lithium, Mercury, Arsenic and Lead in the manufacture of fireworks and has also prohibited the ingress of further firecrackers into NCR. However, it has given liberty to the licensees to transport them outside Delhi and the NCR..“In our opinion, even 50,00,000 kg of fireworks is far more than enough for Dussehra and Diwali in 2017.” .Accepting that there is a lack of clarity on the safety limits of various metals and constituents used in fireworks, the order directs the Central Pollution Control Board (CPCB) and the Fireworks Development Research Centre (FDRC) to jointly conduct a research for laying down appropriate standards for ambient air quality in relation to the bursting of fireworks and the release of their constituents in the air..The Court has further urged that the Central government and other authorities should,.“encouraging display fireworks through community participation rather than individual bursting of fireworks.”.Read the judgment: