The Supreme Court of India recently denied appeals contesting the order of the National Green Tribunal (NGT), which laid down a full prohibition on the selling and use of firecrackers during the Covid-19 pandemic in NCR and other Indian cities. The court order was linked to the deteriorating Air Quality Index (AQI), largely attributed to cracker emissions.
Background
In 2017, a significant move was made by the Supreme Court by banning the utilization and sale of harmful crackers during festivities, including Diwali and Christmas. This ruling was a response to a petition lodged by two infants, expressing grave concern about the air pollution levels in Delhi, mainly caused by the rampant bursting of firecrackers. They claimed that this severe air pollution was, in fact, turning their city into a gas chamber, threatening their very right to life.
Contrary to arguments presented that cracker bursting was an essential religious practice and fundamental right, the court held otherwise. It ruled that the Right to Freedom of Religion (Article 25) is subordinate to the Right to Life (Article 21). In situations where specific religious customs pose threats to people’s health and existence, such rites do not warrant protection under Article 25.
The National Green Tribunal (NGT) Order
In December 2020, the NGT ordered that only green crackers (which utilize less polluting raw materials) were acceptable for public use during the Christmas and New Year festivities. However, this was only applicable in regions where the ambient air quality was classified as moderate or below.
With the onset of the Covid-19 pandemic, the NGT reintroduced the prohibition on the sale and use of all types of firecrackers. Despite the objections raised by firecracker companies that this ban was a threat to their livelihoods, the Tribunal maintained its stance. Citing the fact that the “right to business is not absolute (Article 19 (1) (g)),” it stressed that no such right existed to violate air quality and noise standards.
Detrimental Effects of Firecrackers
Firecrackers are packed with a variety of heavy metals and harmful chemicals such as cadmium, lead, chromium, aluminum, magnesium, nitrates, carbon monoxide, copper, potassium, sodium, zinc oxide, manganese dioxide, and others. When these chemicals are inhaled or ingested, they can lead to serious health consequences, including heart diseases and disorders affecting the respiratory or nervous systems.
In addition to air pollution, firecrackers also contribute significantly to noise pollution. The loud sounds produced by such explosives often result in restlessness, temporary or even permanent hearing loss, high blood pressure, sleep disturbance, and cognitive development impairment in children.
