Why only crackers, what about vehicles, asks Supreme Court

After closing down the firecracker industry in the name of curbing pollution, the Supreme Court on Tuesday realised that its priority was misplaced as the real culprit behind the spike in pollution is the automobile industry.

Taking a relook into its order banning the existing firecrackers and introducing green crackers, a bench of Justices SA Bobde and S Abdul Nazeer asked the Centre whether it had done any comparative study by which it could be fairly stated that vehicles pollute more than firecrackers.

There was another reason too for the change of heart. So far, the matter was pending with a bench which had ordered the ban last October. On Tuesday, the case was listed before a new bench that considered the issue afresh.

The judges felt that its order had brought the entire firecracker industry to a grinding halt. This meant that scores of people lost jobs. The Court said that a ban on firecrackers cannot be indefinite as it affects the livelihood of those families living on it.

The Court’s views have given a ray of hope to the cracker manufacturers who have been at odds explaining to the Court that they are minor defaulters compared to the automobile industry. Moreover, the manufacturers claimed that firecrackers is used extensively during certain days of the year while the real contributors to pollution are vehicles, crop burning, dust from construction activity among other sources.

Additional Solicitor General (ASG) ANS Nadkarni told the Court that he will take instructions on whether any comparative study exists on pollution caused by fireworks vis-a-vis vehicles. The bench said, “It seems you are running after firecrackers while the bigger contributor to pollution is perhaps vehicles.”

The bench said that the Court must be mindful of citizens’ right to life which includes right to employment, right to carry out trade as well. “We do not want to generate unemployment. This trade (firework manufacturing) is not illegal as it is a licensed business. How can it be stopped? At best, it can be regulated.”

Referring to its own orders, the SC bench said, “Nobody has tested this case in relation to Article 19(1)(g) giving citizens right to practise any profession, occupation, trade or business. We cannot leave people unemployed.”

Meanwhile, ASG Nadkarni informed the Court that the Petroleum and Explosives Safety Organisation (PESO) along with environment experts of NEERI are expected to meet this week to finalize the chemical formulation of ‘green crackers’ which are low on light and smoke emission. The product approval for improved firecrackers will be released by March 21.

The petitioners represented by advocate Gopal Shankarnaraynan told the Court that pollution caused by fireworks accounted for 2.5 per cent of Delhi’s pollution and the very idea of Court banning crackers was to replace production of polluting crackers with green and improved ones. The matter will now be heard next on April 3.