NGT Imposes Ban on Firecrackers From Nov 9 to Nov 30 In Public Interest

The National Green Tribunal (NGT) on Monday imposed a total ban on sale or use of all kinds of firecrackers in the National Capital Region (NCR) from the midnight of November 9 to the midnight of November 30.

Directions to apply to all cities and towns with poor air quality

A bench headed by NGT Chairperson Justice Adarsh Kumar Goel clarified that the direction will apply to all cities and towns in the country where the average ambient air quality during November (as per available data of last year) fell under the 'poor' category.

"The cities/towns where air quality is 'moderate' or below, only green crackers be sold, and the timings for use and bursting of crackers be restricted to two hours during festivals like Diwali, Chhath, New Year/Christmas Eve etc., as may be specified by the state concerned.

"At other places, ban/restrictions are optional for the authorities but if there are more stringent measures under orders of the authorities, the same will prevail," the bench said.

Happiness of a few at the cost of lives of others is not the value in Indian society: Justice Adarsh Kumar Goel 

The NGT also directed all states and Union Territories to initiate special drives to contain air pollution from all sources in view of the potential of aggravation of COVID-19. 

"Celebration by crackers is for happiness. It is not to celebrate deaths and diseases. Happiness of a few at the cost of lives of others is not the value in Indian society which stands for happiness and well-being of all," the bench added.

The tribunal directed chief secretaries and DGPs of all states and UTs to issue and circulate orders with appropriate enforcement guidelines to all district magistrates, superintendents of police and state pollution control boards.

"The Central Pollution Control Board (CPCB) and the state pollution control boards may regularly monitor the air quality during this period which may be uploaded on their respective websites.

"The CPCB may compile information on the subject, including the status of compliance of this order from all states/UTs and file a consolidated report with data compiled till filing of report, before the next date by e-mail," the bench further said.

The green panel said financial loss or loss of employment cannot be a consideration not to remedy the situation affecting the lives and the health of the citizens, aggravated by COVID.

"While it is true that any restriction on sale and use of crackers may affect the business and employment, at the same time, if use of crackers results in pollution and affects life and health of the citizens and the environment, such use may have to be restricted/prohibited to effectuate the ''Sustainable Development'' principle, the NGT said.

"Citizens are entitled to breathe fresh air, a right which cannot be defeated on the grounds that enforcement of such right will lead to the closing of such business activity. If authorities do not take action, the tribunal has to exercise its jurisdiction," the bench, also comprising Justice S K Singh, said.

Right to trade is not an absolute one

The NGT order emphasised on the sustainable development principle while discussing whether the right to trade is an absolute one. Life and health of citizens must be given priority in such emergency situations. It also ruled out the contention that pollution does not aggravate the chances of COVID pointing out to studies and decisions of some of the authorities to the contrary.

Earlier this week Madras High Court had suggested that Central and State governments shall come up with a scheme for providing alternate employment to the people whose livelihood is affected because of the halt of work in the firecracker industries. 

In fact, NGT had also issued a notice to the Ministry of Environment and Forests asking whether a ban on firecrackers can be considered in the interest of public health and environment. The said notice had also proposed a timeline for imposing the ban from November 7 to November 30.

Indian Social Responsibility Network had moved a plea to ban firecrackers in the NCR region in light of deteriorating air quality during the pandemic.