Supreme Court Declares Nationwide Ban on Barium-Based Chemicals in Firecrackers

LI Network

Published on: November 07, 2023 at 14:41 IST

The Supreme Court of India has reiterated that its earlier directives regarding the prohibition of barium and other banned chemicals in firecrackers apply to the entire nation, not just the Delhi-National Capital Region.

This clarification came during a hearing in response to an application seeking compliance from the state of Rajasthan with the Supreme Court’s orders concerning the ban on barium-based firecrackers and the reduction of air and noise pollution during the festive season.

The Supreme Court firmly stated that no fresh directives are necessary since they have already passed several orders indicating steps to minimize air and noise pollution, which are binding on all states in the country, including Rajasthan.

The bench, consisting of Justice A S Bopanna and Justice M M Sundresh, emphasized that the state of Rajasthan must take note of these orders and take measures to mitigate air and noise pollution not only during festivals but also throughout the year.

In 2021, the Supreme Court issued directives to prevent the use of banned chemicals in firecrackers, with a specific focus on barium salts. It’s important to note that these orders do not amount to a complete ban on firecrackers; rather, they target those containing harmful chemicals. The court made it clear that “green crackers” are permissible, following directives issued in 2018.

The Supreme Court’s orders are not confined to Delhi-NCR; they apply uniformly across India. The court underscored the responsibility of all states to enforce these directives effectively. Any violation or non-compliance with these orders will be taken seriously, and responsible authorities will be held accountable.

During the hearing, the applicant expressed concerns about rising noise and air pollution during Diwali season in Rajasthan and requested specific directions for the district administration of Udaipur, which is a popular wedding destination. Justice Bopanna, in a lighter tone, remarked that it would also be election season.

The counsel for the State of Rajasthan acknowledged the minor spike in pollution levels during Diwali and stressed the importance of self-restraint by citizens in celebrating Diwali with fewer fireworks. Justice Bopanna noted that these days, it’s primarily adults who indulge in fireworks, and Justice Sundresh emphasized that environmental protection is not solely the responsibility of the court.

The application was filed as part of a series of petitions seeking a ban on the sale, purchase, and use of firecrackers in India, which the Supreme Court has been considering since 2015.

In a related matter, the Supreme Court rejected an application from a firecracker manufacturers’ association to include barium in green crackers, emphasizing that earlier orders banning barium-based chemicals would prevail. The court also rejected another application from the association to use joined crackers, highlighting the need for further reduction in particulate matter emissions.

In the same hearing, the association informed the court that they have written to CSIR-NEERI for improved formulations. The petitioners seeking a ban on firecrackers pointed out that the court’s orders were being violated in Delhi, and they vowed to investigate further.

Additionally, the Supreme Court addressed the issue of stubble burning in neighboring states of Delhi-NCR, directing the governments of Punjab, Rajasthan, and Haryana to take immediate steps to prevent this practice, which contributes significantly to air pollution.

This latest clarification by the Supreme Court serves as a strong reminder that the court’s directives on firecrackers apply nationwide and should be rigorously enforced to protect the environment and public health.

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