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Synopsis

The Supreme Court on Tuesday clarified that its earlier ban on barium-based crackers is binding on every State in the country.

An application was moved seeking appropriate direction to the State of Rajasthan and the District Administration of Udaipur to immediately take steps to prevent air pollution in the city of Udaipur.

Observing that no specific orders were necessary in the application inasmuch as the Court in the course of dealing with the petition, had passed several orders where steps have been indicated to minimize and to avoid air as well as noise pollution, a bench of Justices AS Bopanna and MM Sundresh said,

"...the said orders would bind every State in this country including the State of Rajasthan. Therefore, we make it clear that the State of Rajasthan also would take note of this and take all steps to minimize the air/noise pollution not only during the festival season but even thereafter."

Recently, the Supreme Court had refused to interfere with the blanket ban imposed by it on production and sale of firecrackers including green crackers in the Delhi NCR region. Court had further told the Delhi Police that filing cases against people who burn firecrackers may not help in curbing sale of firecrackers.

In a similar petition, the Supreme Court had also refused to interfere with the ban imposed by the Delhi government on the storage, sale and use of all types of firecrackers. While doing so, the bench told petitioner BJP MP Manoj Tiwari to go to a state where it is allowed to burn crackers if he wished to do so. 

On October 30, 2023 he National Green Tribunal (NGT) in Bhopal has also emphasized strict compliance with the Supreme Court's directions and the principal bench of the tribunal regarding the regulation and restrictions on the use of firecrackers. The NGT emphasized that celebrations should not infringe upon the fundamental right to health under Article 21 of the Indian Constitution.

The tribunal clarified that there is no "total ban" on the use of firecrackers. However, the bench comprising Justice Sheo Kumar Singh and Expert Member, Dr. Afroz Ahmad observed that only firecrackers found injurious to the health of citizens, particularly children and the elderly, have been banned. The NGT warned authorities not to permit the use of any banned firecrackers under the guise of celebrations.

Case Title: Arjun Gopal and Ors. vs. Union of India and Ors.