SC on firecracker ban: Can’t jeopardise health

Warning that top officials at various levels “shall be held personally liable” for any lapses, the apex court said it is unfortunate that despite various directions issued by it there is a blatant violation going on. 

Despite the ban on use of Barium Salts in the firecrackers, prohibited crackers are being manufactured, transported, sold and used, it said. 

A bench of Justices M R Shah and AS Bopanna said that no authority can be permitted to violate the directions issued by it and allow banned firecrackers in the guise of celebration. Everybody, including the implementing agencies, are bound to see that the directions issued by the courts are implemented and followed in true spirit and in toto, the top court said. 

Prima facie it appears that the implementing agencies of the concerned states either lack desire to implement the directions issued by this Court or they close their eyes for whatever reasons, it said. 

The apex court further asserted that celebration cannot be at the cost of the other’s health. Under the guise of celebration, nobody can be permitted to infringe the right to health of others, guaranteed under Article 21 of the Constitution of India and nobody can be allowed to play with the life of the others, more particularly the senior citizens and the children, it said. “It is made clear that there is no total ban on use of firecrackers. Only those firecrackers are banned, as directed hereinabove, which are found to be injurious to health and affecting the health of the citizens, more particularly the senior citizens and the children,” the bench said. 

It further noted that under the guise of ‘green crackers’ banned chemicals firecrackers are being sold and there is a mislabelling on the boxes and even the QR codes provided on the boxes of ‘green crackers’ are alleged to be fake.