Emphasis is placed on citizens’ right to life



Apex Court tries to draw a fine line between job loss and the right to life while setting rules for green crackers

SC on the ban on firecrackers: the focus is on the citizens’ right to life

Batting for the implementation of the rules of green crackers, the Supreme Court said on Tuesday that it could not infringe the right to life of other citizens “under the guise of the employment of a few” while considering a ban on firecrackers. The Supreme Court also added that its main goal is the right to life of innocent citizens. “We have to hit the balance between employment, unemployment and citizens’ right to life. Under the guise of employing a few, we cannot allow others to infringe on the right to life of other citizens.

“Our main goal is the right to life of innocent citizens. If we find green crackers are there and accepted by the expert committee we will place appropriate orders, ”said the bench, adding that in our country the main difficulty is implementation. “The laws are there, but ultimately the implementation has to be there. Our order must be implemented in the true spirit ”, the bench Mr. Shah and AS Bopanna.

“Firecrackers are not narcotics that someone will smoke in the bathroom. This is happening with impunity and the executive has not implemented the orders of this court, ”he said.

Senior lawyer Atmaram Nadkarni, appearing for the Firecracker Manufacturers Association, said Diwali was approaching November 4 and they wanted an oil and explosives security organization (PESO) make a decision on the firecracker issue. He said the government should decide the issue because thousands of people are unemployed in the industry. Senior counsel said the contempt must be heard and taken to a logical end, but the fate of lakhs of people who work in the industry should also be considered.

Senior lawyer Gopal Sankaranarayanan appear for the petitioner Arjun Gopal said series of orders have been issued by the highest court and instructions have been given which PESO will give final authorization to firecrackers that are safe. When Nadkarni interrupted Sankaranarayanan, the bench said in a lighter vein: “We don’t want crackers bursting in the courtroom. Everyone will have their chance. I’m also afraid of firecrackers.

Additional Solicitor General Aishwarya Bhati, representing the Ministry of Environment and Forestry, said an affidavit was filed by the ministry in October 2020 and that if the highest court takes note of it, all provisional requests will be covered into it. All the experts got together and suggested wording on the green cracker issue.

Sankaranarayanan argued that the petition was filed in 2015 and dealt with several air pollution issues and that a series of ordinances were passed in the following years. He claimed that despite several orders, the executive is not taking appropriate action to ban harmful crackers and that the constant sale of fireworks that prevailed before 2015 continues. “Firecrackers are not narcotics that someone will smoke in the bathroom. This is happening with impunity and the executive has failed to implement the orders of this tribunal, ”he submitted.

He said the National Research Institute in Environmental Engineering (NEERI) issued certificates to firecracker manufacturers after concluding agreements with them. Sankaranarayanan alleged that the Center now has ignored PESO tries completely and indirectly to ensure that the ban on barium nitrate is up. The Supreme Court pointed out that every day there is a violation of orders and in every religious event, victory processions, weddings, we can see contempt for orders and we will have to hold someone responsible, otherwise, that Won’t stop at all. The court then posted the case for hearing on Wednesday and asked Sankaranarayanan to submit a separate compilation of the orders.

The Supreme Court had previously refused to impose a complete ban on the sale of firecrackers and said sales can only be done through licensed traders and only green firecrackers can be sold. The online sale of firecrackers has been completely banned. The verdict came in response to a plea to ban the manufacture and sale of firecrackers across the country to fight air pollution.

In the past, the Supreme Court has said that in deciding to ban firecrackers it is imperative to take into account the fundamental right the livelihoods of firecrackers and the right to health of more than 1.3 billion people from the country.

PGurus team

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