No Complete Ban on Firecrackers, Only Those Containing Barium Salts, Chemicals Banned: SC

The Supreme Court on Friday, October 29 ordered that there is no total ban on the use of firecrackers, however, banned those crackers consisting Barium salts, chemical crackers, or found to be injurious to health. The order came while keeping in mind the toxic side effects that Barium salts and chemical-based crackers have on humans and also on the environment as well.

"Celebration cannot take place at the cost of the other's health. It is made clear that there is no total ban on the use of firecrackers, only those firecrackers are banned (joined, chemical) which are found to be injurious to health and affect the health of the citizens particularly the senior citizens and the children," a bench of Justices MR Shah and AS Bopanna was quoted as saying by news outlet ANI.

The top court further stated that under the guise of festivities, nobody can be allowed to infringe the right to health of the others, guaranteed under Article 21 of the Constitution of India.

'Can Not Violate And Disobey The Court'

The Bench said also added that "no authority can be permitted to violate and disobey the direction issued by the Court."

Meanwhile, the order of the Top Court further expressed its thoughts on the matter and said: "We again reiterate the directions issued by this court earlier and reproduced hereinabove including banning the use of Barium Salts in the firecrackers and its manufacturing and selling."

"We direct all the States and Union Territories to see previous directions issued earlier," it added.

Furthermore, any lapse on the part of the state agencies, government, and Union Territories (UT) will be viewed "very seriously", the court added.

Any Willful And Deliberate Disobedience Shall Be Viewed Seriously

"If it is found that any banned firecrackers are manufactured, sold and used in any particular area, the Chief Secretary of the concerned States, the Secretary (Homes) and the Commissioner of Police of the concerned area, District Superintendent of Police of the concerned area and the SHO/police officer-in-charge of the concerned police station shall be held personally liable," it said.

The Bench further stated that it is "unfortunate" that there is a violation of numerous directions issued by it and it's reported that manufacturing, sale and use of banned/chemical crackers have been going on under the guise of 'green crackers'.

Even though those firecrackers are banned, the manufacturing, selling and use of joined crackers have been ongoing and the same is being used in blatant violation of the directions issued by this Court, the Bench further said.

Toxic Substances In Firecrackers

Previously, the apex court had stated that the report of CBI on the usage of toxic chemicals such as barium salts in the production of firecrackers is "very serious".

Back on March 3, 2020, the top court directed the Joint Director of the CBI at Chennai to conduct a detailed probe concerning the reported violation of its earlier orders by producing by using the ingredients which have officially been banned and by mislabelling their products contrary to the directions of the court's direction.

It had also refused to impose a complete ban on the sale of firecrackers earlier and had stated that sales can take place through only licensed traders and that only green crackers can be sold.

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