The Hon’ble Supreme Court of India (“SC”) has passed an order dated 7th November 2023 (“Present Order”), in a matter where, direction was issued to the State of Rajasthan and the District Administration of Udaipur to immediately take steps to prevent air and noise pollution in the city of Udaipur. The present Order refers to earlier orders (as detailed below) being passed on this subject where the steps have been indicated to minimize and to avoid air as well as noise pollution. Such orders are binding on every State in India, including the State of Rajasthan, during the period of festival seasons and thereafter.

Reference is drawn to the Writ Petition filed in the matter of Arjun Gopal and Others -VS- Union of India (Writ Petition (Civil) No. 728 of 2015), where two infants namely Arjun Gopal, Aarav Bhandari and Zoya Rao Bhasin through their fathers sought intervention of SC against use of Firecrackers and Fireworks during festivals of Dussehra and Diwali in light of encountering various health hazards.

In 2016, in the matter with same parties, it was observed that the air quality in Delhi-NCR was mostly poor as per the standards prescribed by the Government of India, but it becomes much worse during Diwali due to use of firecrackers. In this context, the Central Pollution Control Board was directed to prepare a report on the harmful effects of the materials which are being used in the manufacture of firecrackers. Further in 2017, in the same matter, SC stated that harmful materials such as barium salts, lithium, mercury arsenic and lead were banned from being used in manufacture of firecrackers and highlighted the adverse effects of burning of crackers during Diwali. The air quality deteriorates abysmally and alarmingly, and the city chokes thereby. The 2017 Order bans sale of firecrackers only in Delhi and NCR. In 2018, in the same matter, SC issued the below directions with respect to firecrackers:

1. ‘Green Crackers’ are only permitted to be manufactured and sold. Manufacture and sale of crackers other than ‘Green Crackers’ are banned.
2. The manufacture, sale and use of joined firecrackers (series crackers or laris) is banned as the same causes huge air and noise pollution.
3. Use of barium salts in firecrackers is also banned.
4. Firecrackers to be burned only during the designated time and at designated places and that there is no sale of banned firecrackers.

Source: Supreme Court of India

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