Firecrackers: cannot infringe the right to life of other citizens under the guise of employment, according to SC


The Supreme Court said on Tuesday that it cannot infringe on the right to life of other citizens “under the guise of employing a few” while considering a ban on firecrackers.

A bench of Judges MR Shah and AS Bopanna said its main purpose is the right to life of innocent citizens.

” We must find the balance between employment, unemployment and the right to life of the citizen. 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 that green crackers are there and accepted by the expert committee, we will place appropriate orders, ” the judiciary said, 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 said.

Senior lawyer Atmaram Nadkarni, representing the Firecracker Manufacturers Association, said Diwali was approaching November 4 and they wanted the Petroleum and Explosives Safety Organization (PESO) to speak out on the firecracker issue.

He said the government should decide the issue because thousands of people are unemployed in the industry.

Senior counsel said contempt must be heard and taken to a logical end, but the plight of the hundreds of thousands of people who work in the industry should also be considered.

Senior lawyer Gopal Sankaranarayanan appearing for petitioner Arjun Gopal said a series of orders have been issued by the highest court and PESO will give final clearance to firecrackers that are safe.

When Nadkarni interrupted Sankaranarayanan, the bench said in a lighter vein: “We don’t want cookie bursts in the courtroom. Everyone will have their chance. Also, I’m afraid of firecrackers. ”Sankaranarayanan said,“ My Lord, we assure you that there will be no fire in the yard, only work. ”Additional Solicitor General Aishwarya Bhati, appearing for the Department of Environment and Forests, said an affidavit had been filed by the department in October 2020 and that if the higher court took note, all interim claims would be covered by 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 not implemented the orders of this tribunal, ” he said.

He said the National Environmental Engineering Research Institute (NEERI) issued certificates to firecracker makers after making deals with them.

Sankaranarayanan alleged that the Center has now completely and indirectly ignored PESO’s attempts to ensure that the ban on barium nitrate is lifted.

The top pointed out that every day there is a violation of orders and in every religious event, victory processions, weddings, we can see disregard for orders and we will have to hold someone responsible, otherwise it will not will not 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 previously refused to ban the sale of firecrackers altogether 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 stated that in deciding to ban firecrackers, it is imperative to take into account the basic right of subsistence of firecracker makers and the right to health of more than 1.3 billion people. in the country.

(This story was not edited by Devdiscourse staff and is auto-generated from a syndicated feed.)


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