No total ban on firecrackers, only those with banned substances: SC

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New Delhi, October 29 (IANS): Ahead of Diwali, the Supreme Court on Friday ordered all state and union governments to ensure that its guidelines banning the use of barium salts in fireworks are strictly adhered to, as it stressed. that there was no total ban on the use of firecrackers, but only those containing banned substances.

A bench of Judges MR Shah and AS Bopanna said: “It is clear that there is no total ban on the use of firecrackers. Only firecrackers are prohibited, as stated above, which turn out to be dangerous for health and affect the health of citizens, especially the elderly and children.

The judiciary declared that the celebrations cannot be done to the detriment of the health of others and, under the guise of celebration, no one can be authorized to infringe the right to health of others, guaranteed by article 21 of the Constitution.

“No one can be allowed to play with the lives of others, especially the elderly and children,” he added.

The judiciary said it was unfortunate that despite various instructions issued by the highest court, there was a flagrant violation, and it is alleged that the making, selling and use of fireworks banned continue.

“Despite the ban on the use of barium salts in firecrackers, the manufacture and use of attached fireworks has been banned and their transport and sale across the country has also been physically and / or prohibited. online, banned firecrackers are manufactured, transported, sold and used, ”he noted.

The bench has made it clear that any failure by states / state agencies and UTs will be taken very seriously.

“It is reported that even under the guise of ‘green crackers’, banned chemical firecrackers are sold and there is incorrect labeling on the boxes and even the QR codes provided on the boxes of ‘green crackers’ are presumed to be false.” , he noted, citing a CBI report.

The Supreme Court warned that “if it is found that banned firecrackers are being manufactured, sold and used in a particular area, the chief secretary of the state concerned, the secretary (at home) and the police commissioner, the District police superintendent of the affected area and the SHO / police officer in charge of the relevant police station would be held personally responsible ”.

He made it clear that no one can be allowed to flout or disobey the instructions he has issued and that any willful and willful disobedience should be taken very seriously.

Previously, the highest court had said that the sale of firecrackers can only be done through licensed traders and only green firecrackers can be sold, and the online sale of firecrackers has been banned completely.

The highest court had ruled on the plea for a ban on the manufacture and sale of firecrackers citing increasing levels of air pollution.


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