The apex court has also stated that only licensed dealers will be allowed to sell crackers
Supreme Court of India
Weeks before Diwali, the Supreme Court on Tuesday allowed the sale of firecrackers across India with certain conditions. However, the court, in its order, has banned the online sale of firecrackers and put a stay on the e-commerce portals selling them. It also stated that only licensed dealers will be allowed to sell crackers.
Happy with the court's ruling, a local dealer in Delhi said, "We are delighted with the decision. We have spent a huge amount on the stock this year." The Court stated that people will be allowed to have fireworks only between 8 pm and 10 pm on Diwali (November 7). Last year, the top court had banned the sale of firecrackers in Delhi-NCR (National Capital Region).
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Earlier, the Supreme Court said that there was a need to strike a balance between the right to health and the right to carry on a trade or profession. It had also said that there was a fundamental right to livelihood of firecrackers manufacturers as well as the fundamental right to health of 130 crore citizens of the country.
The firecracker manufacturers had told the apex court that crackers were not the sole cause of rising pollution during Diwali. It was one of the contributing factors and that an entire industry could not be shut down on this count.
The manufacturers had contended that pollution had reached very high levels, not due to the bursting of the firecrackers alone but also on account of vehicular pollution, construction dust and stubble-burning. "The question is whether an entire industry can be shut down citing air pollution while other industries are allowed to continue," the five firecrackers manufacturers had contended.
During the hearing, the court had expressed concern over the growing respiratory problems among children due to air pollution and said it would decide whether there has to be a complete ban or reasonable curbs on the bursting of firecrackers. The bench had cited a report that said 20-25 percent of children suffer from respiratory diseases.
One of the pleas filed by a child, Arjun Gopal, represented by lawyer Gopal Shankarnarayan, sought a ban on possession of firecrackers in the National Capital Region as it was contributing to an already alarming level of air pollution in the area. In 2017, the apex court had prohibited the sale of firecrackers in NCR-Delhi during Diwali.
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