THE Supreme Court on July 23, 2021, dismissed an appeal challenging the order passed by the National Green Tribunal (NGT) banning the sale of firecrackers during Covid-19 in all cities and towns across the country with poor air quality index (AQI).
Senior Advocate PS Narasimha, who appeared for firecracker sellers/dealers, informed the bench of Justices AM Khanwilkar and Sanjiv Khanna that a total ban had been imposed on firecrackers during Covid-19. The Court clarified that the ban was in place only in places where air quality was poor and the ban was only on sales and not on manufacture. “Whatever can be controlled should be controlled,” said the Court.
Advocate Sai Deepak J, representing a seller of firecrackers, argued that as per an IIT Kanpur report, firecrackers are not even in the list of top 15 factors which contribute to air pollution. Justice Khanwilkar remarked: “Do you need IIT to understand that firecrackers impact your health? Ask someone staying in Delhi what happens during Diwali.”
While dismissing the appeals, the Court said that if air quality improves, the authorities may permit sale and use of firecrackers as per the AQI and no clarification or interference was warranted.
On December 2020, the NGT noted in its order that only green crackers would be permitted for Christmas and New Year—between 11:55 pm and 12:30 am—in areas where the AQI was in moderate or below categories. It also directed district magistrates to ensure that firecrackers are not sold and violators would have to pay compensation. The Tribunal speculated that the “right to business is not absolute. There is no right to violate air quality and noise level norms”.
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