In WRIT PETITION (CIVIL) NO. 728 OF 2015 ARJUN
GOPAL AND OTHERS Vs. UNION OF INDIA AND
OTHERS ..... decided on 23/10/18 Hon,ble Supreme Court has issued following direction regarding use of firecrackers .
(i)
The crackers with reduced emission (improved crackers) and green crackers, as
mentioned in Suggestion Nos. II and III above only would be permitted to be
manufactured and sold.
(ii) As a consequence, production and sale of
crackers other than those mentioned in Suggestion Nos. II and III is hereby
banned. As in Writ Petition (Civil) No. 728 of 2015 & Ors.
(iii)
The manufacture, sale and use of joined firecrackers (series crackers or laris)
is hereby banned as the same causes huge air, noise and solid waste problems.
(iv)
The sale shall only be through licensed traders and it shall be ensured that
these licensed traders are selling those firecrackers which are permitted by
this order.
(v)
No e-commerce websites, including Flipkart, Amazon etc., shall accept any
online orders and effect online sales. Any such e-commerce companies found
selling crackers online will be hauled up for contempt of court and the Court
may also pass, in that eventuality, orders of monetary penalties as well.
(vi)
Barium salts in the fireworks is also hereby banned
(vii)
PESO is directed to review the clinical composition of fireworks, particularly
reducing Aluminum content, and shall submit its report in respect thereof
within a period of two weeks from today. For undertaking this exercise, PESO
would also associate FRDC.
(viii)
Even those crackers which have already been produced and they do not fulfill
the conditions mentioned in Suggestion Nos. II and III above will not be
allowed to be sold in Delhi and NCR.
(ix)
PESO will ensure fireworks with permitted chemicals only to be purchased/possessed/sold/used during Diwali and
all other religious festivals, of any religion whatsoever, and other occasions
like marriages, etc. It shall test and check for the presence of banned
chemicals like Lithium/Arsenic/ Antimony/Lead/Mercury.
(x)
PESO will ensure suspension of the licenses of manufacturers of such fireworks
items and appropriate disposal of such stock.
(xi)
PESO will ensure that only those crackers whose decibel (sound) level are
within the limits are allowed in the market and will ensure to take action by
suspending the licenses of the manufacturers on such violations and disposal of
(xii)
Direction Nos. 4 to 9 and 11 contained in the order dated September 12, 2017
shall continue to operate and are reiterated again.
(xiii)
Extensive public awareness campaigns shall be taken up by the Central
Government/State Governments/Schools/ Colleges informing the public about the
harmful effects of firecrackers.
(xiv)
On Diwali days or on any other festivals like Gurpurab etc., when
such fireworks generally take place, it would strictly be from 8:00 p.m. till
10:00 p.m. only. On Christmas even and New Year eve, when such fireworks start
around midnight, i.e. 12:00 a.m., it would be from 11:55 p.m. till 12:30 a.m.
only.
(xv)
The Union of India, Government of NCT of Delhi and the State Governments of the
NCR would permit community firecracking only (for Diwali and other festivals
etc. as mentioned above), wherever it can be done.
For
this purpose, particular area/fields would be pre-identified and pre designated
by the concerned authorities. This exercise shall be completed within a period
of one week from today so that the public at large is informed about the
designated places one week before Diwali.
The
areas designated now for the purpose of Diwali shall be valid for community
firecracking on other occasions/festivals as well, as mentioned above. Even for
marriages and other occasions, sale of improved crackers and green crackers is
only permitted.
Insofar as other
States are concerned, an endeavour shall be made by them also to explore the
feasibility of community firecracking. However, it is made clear that Direction
No. (xiv) pertaining to the duration within which fireworks can take place on
all such occasions would be applicable throughout India. Similarly, Direction No. (xiii) for extensive public awareness
campaigns is also a pan India direction
(xvi) All the
official respondents, and particularly the Police, shall ensure that fireworks
take place only during the designated time and at designated places, as
mentioned above. They shall also ensure that there is no sale of banned
firecrackers. In case any violation is found, the Station House Officer (SHO)
of the concerned Police Station of the area shall be held personally liable for
such violation and this would amount to committing contempt of the Court, for
which such SHO(s) would be proceeded against.
(xvii) CPCB and respective State Pollution
Control Boards/ Pollution Control Committees (SPCBs/PCCs) of the States and
Union Territories shall carry out short-term monitoring in their cities for 14
days (commencing from 7 days prior to Diwali and ending 7 days after Diwali)
for the parameters namely, Aluminum, Barium, Iron apart from the regulatory
parameters against the short-term Ambient Air Quality Criteria Values (AAQCVs)
proposed by CPCB with regard to bursting of firecrackers. This will help in
generation of data on pollution caused by the bursting of firecrackers and
would be helpful for regulation and control quantity of Aluminum, Barium and
Iron used in the manufacture of firecrackers.
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