The Supreme Court (SC) on Monday questioned the connection between religion and bursting firecrackers on Diwali, voicing calls for heightened public awareness and responsible festivities as Delhi-NCR braces for rising air pollution during the festive season. The apex court said it would adopt a balanced approach between respecting religious sentiments and safeguarding public health, as well as the environment.
During the hearing held on Monday, Justice Joymalya Bagchi asked, “What does religion have to do with firecrackers?,” while the case was presented before an SC bench comprising Chief Justice of India (CJI) Surya Kant, Justice Bagchi and Justice V Mohana. Senior advocate Aparajita Singh, appointed as amicus curiae in the case, contended that religious sentiments had repeatedly been cited to defend the use of firecrackers despite their ill effects.
Singh remarked, “Gods would be aghast if they knew that children were suffering and getting sick in their name,” while drawing attention to the health risks linked to firecracker emissions.
SC underlines public awareness
Responding to the submissions, CJI Kant said the court was mindful of religious sensitivities and would avoid taking those steps that hurt the sentiments of the people. He however stressed that encouraging citizens to understand the consequences of their actions could offer a more sustainable way forward in this direction.
The CJI ruled, “We will not hurt religious sentiments. The best way forward is that people should introspect themselves. You can take measures to make them aware.” However, Singh countered that similar arguments and assurances made their way to the judiciary every year, and little improvement had been recorded in enforcement. She said, “Unfortunately, year after year, we see the same playbook getting repeated.”
Earlier in the hearing, senior advocate J Sai Deepak, appearing on behalf of a federation of firework traders, referred to the restrictions already governing the sale and use of firecrackers. The bench hearing the case suggested publishing awareness material pleading with people to limit firecracker use to designated hours. It also mulled restricting market availability to certain categories of crackers while keeping harmful varieties off sale.
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Court raises concerns over enforcement
Singh further questioned during the hearing that such measures would deliver results without effective implementation, alleging that stakeholders enjoyed a ‘carte blanche,’ and that ‘none of them cares about implementation.’
Additional Solicitor General Aishwarya Bhati informed the top court that the use of firecrackers had been permitted in Delhi for two days during specified hours. Thereafter, the CJI questioned the need for coercive measures when time remained before the festivities, favouring persuasion to encourage commoners to celebrate while abiding by designated time limits.
He also suggested that lighting diyas could be promoted as an alternative festive practice.
Kids, elderly among the ones at risk
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Justice Bagchi underlined the potential ramifications for pollution levels if large quantities of firecrackers were burst within a short period. Singh pleaded with the court to refer the matter to the Commission for Air Quality Management (CAQM), citing the risks faced by children, elderly people and the ones facing poor health conditions. She warned that restricting firecracker use to one or two hours would achieve little without strict enforcement.
The bench said it would hear the case next on October 15 and directed that suggestions be floated to the CAQM.