The Supreme Court of India has taken a proactive stance in examining the enforcement of regulations and restrictions on the sale of "green crackers" and ensuring quality control in the manufacturing process.
A Bench of Justices AS Bopanna and MM Sundresh scheduled a hearing for September 13 to scrutinize the protocol for implementing regulations on the sale of green crackers.
Addressing the concerns of Additional Solicitor General Aishwarya Bhati, representing the government, the Court emphasized the importance of a robust regulatory mechanism to ensure compliance. Justice Sundresh noted, "If our orders are not complied with, proceedings become a mockery. There should be a regulatory mechanism to ensure compliance." Justice Bopanna further emphasized the need to verify whether the claims about the usage of green crackers were consistent with their implementation on the ground.
The genesis of this matter dates back to a 2017 apex court decision that banned the use and sale of toxic firecrackers due to concerns over air pollution. The court's decision was based on a petition filed on behalf of two infants, highlighting the adverse effects of firecracker emissions on air quality. The court upheld the ban on toxic crackers and permitted the sale of green and improved crackers only through licensed traders while dismissing arguments that bursting crackers was a fundamental right.
In the following years, the National Green Tribunal also supported the use of green crackers during specified times and in areas with moderate air quality. The Tribunal emphasized that the right to business must not infringe upon air quality and noise level norms.
Recent developments have seen the Centre submitting an affidavit to the Supreme Court on August 24, stating that efforts by the Ministry of Environment, Forests, and Climate Change (MoEFCC) have transformed the fireworks industry from an unregulated to a law-abiding one. This affidavit outlined the regulatory mechanisms and quality control measures that have been implemented to transform the industry.
The Court has requested the Centre to elaborate on the protocol for implementing restrictions and regulations related to the sale of green crackers. ASG Aishwarya Bhati assured the Court that the regulatory mechanism had been previously detailed in affidavits, but she agreed to compile comprehensive information for the next hearing.
Green crackers, which emit fewer pollutants and suppress dust when burned, were introduced as an alternative to traditional firecrackers. The Supreme Court's efforts to strike a balance between religious practices and environmental concerns have led to the development of these environmentally friendly options. The Court has emphasized the importance of strict quality control measures to ensure that green crackers adhere to the prescribed formulations and emit fewer harmful emissions.
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