The Supreme Court relaxed the absolute ban on firecrackers in Delhi-NCR, allowing the use of green crackers on a test case basis during Diwali. This order, passed by a bench led by Chief Justice DY Chandrachud, aims to find a middle ground between cultural practices and the growing public health crisis from air pollution, as complete bans have proven hard to enforce and led to smuggling of more harmful crackers.
What is the Supreme Court's recent order on firecrackers in Delhi-NCR and why was it issued?
- Background of the Ban: Delhi-NCR has faced severe air pollution, leading to a complete ban on firecrackers since 2017 under SC directions to protect public health, as pollution levels spike during winters and festivals like Diwali.
- Details of the Relaxation: The SC allowed green crackers on a trial basis to test if regulated use can reduce illegal smuggling while addressing pollution, relaxing the Delhi government's October 14, 2024, year-long ban that extended to all crackers.
- Judicial Reasoning: The bench considered economic hardships for the firecracker industry workers and festive sentiments, balancing the right to profession under Article 19 with the right to life and clean environment under Article 21 of the Constitution.
- Enforcement Mechanisms: Patrolling teams will ensure compliance, with immediate confiscation of banned items, reflecting the court's recognition that full bans lead to unregulated use of harmful crackers.
What are green crackers and how do they differ from conventional ones?
- Definition and Development: Green crackers are eco-friendly formulations developed by CSIR and NEERI since 2018, aimed at reducing air and noise pollution while maintaining the festive experience.
- Key Features: They avoid toxic chemicals like barium nitrate (which causes respiratory issues), arsenic, lithium, and mercury; instead, they release water vapor or dust suppressants to trap pollutants, cutting PM2.5 emissions by at least 30% and noise to below 120 decibels.
- Identification Methods: Authentic green crackers carry a green logo and a QR code for verification, issued by NEERI to licensed manufacturers, helping consumers and authorities distinguish them from fakes.
- Limitations and Criticisms: While they reduce emissions by 30-80%, they are not completely pollution-free; experts note that without strict testing, they may still contribute to AQI spikes, and misuse of QR codes has been reported by CAQM.
Why has enforcement of firecracker bans been challenging in Delhi-NCR?
- Historical Issues: Past bans since 2017 have not significantly improved AQI, as smuggling from neighboring states and online sales continue, leading to use of more polluting conventional crackers.
- Current Challenges: With 70% of Haryana in NCR, state pleas highlighted economic impacts; e-commerce platforms like Amazon and Flipkart bypass regulations, and lack of PESO testing facilities in Delhi hinders verification.
- Monitoring Efforts: The order mandates daily AQI reports from CPCB and state boards, along with random sampling by patrol teams, to assess the trial's effectiveness and prevent violations.
- Broader Context: Pollution in NCR comes from multiple sources like stubble burning and vehicles, so firecrackers add episodic spikes; the SC's test approach aims to gather data for future policies.
How does this order fit into India's broader air pollution control framework?
- Legal Framework: Under the Air (Prevention and Control of Pollution) Act, 1981, and Environment Protection Act, 1986, the SC has intervened since the 1990s to regulate pollution sources, including firecrackers.
- Role of Institutions: NEERI and PESO certify safe products, while CAQM coordinates NCR-wide actions; the order aligns with the 2018 Arjun Gopal case that first mandated green crackers.
- Economic and Social Balance: It protects livelihoods in Sivakasi (India's firecracker hub) employing lakhs, while addressing health costs from pollution affecting millions in NCR.
- Future Implications: If the trial succeeds, it could lead to permanent regulated use; otherwise, stricter bans may return, emphasizing the need for alternatives like laser shows for festivals.
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