THE TOP COURT HELD THAT THERE CANNOT BE A BLANKET BAN ON THE USE OF FIRECRACKERS

The Supreme Court set aside Calcutta High Court's order of complete ban on firecrackers in the state of West Bengal during future festivities of Kali Puja, Diwali, Chatt Puja, Guru Nanak's Birthday, Christmas Eve, and New Year's Eve this year. The Top court said that there could not be a blanket order of complete ban on the use of firecrackers. 

The SC had already banned the use of barium salts in firecrackers while allowing green crackers in July 2021 and October 2021. However, Calcutta HC imposed a complete ban on the ground that there is no mechanism to distinguish between green crackers and barium salts crackers. Hence, it would create an impossible task for the executives and law enforcement agencies. The SC said that the order passed by the top court applies to every state. 

On October 29, 2021, Calcutta HC imposed a complete ban on firecrackers this year due to the Covid-19 pandemic and deteriorating air quality. The HC also directed to use only Only wax or oil-based diyas for festivals. 

During the argument before the HC, the State of WB opposed the blanket ban, stating that NGT and the SC had permitted the use of "green crackers" in a restricted manner. 

Senior Advocate Gopal Sankaranarayanan, appearing for a petitioner, contended that many firecracker manufacturers used banned firecrackers by putting green cracker labels. The Bench refused to agree while also taking note of the cases registered by the WB government against those found violating the supreme court's directions. 

Author: Papiha Ghoshal