On Thursday, the hon’ble High Court of Delhi cited the increasing pollution in the city supporting the “public outcry” for bursting crackers. The Court stated that crackers are dangerous similar to that of explosives and restriction should be imposed on the availability of crackers. Justice Rajiv Sahai Endlaw also opined that as there are very less control on the use of crackers, its availability is very easy more than the use of arms. Over the past few years, this easy availability had resulted in dangerous incidents and injuries at the time of Diwali and other festivals. The situation is that the hospitals are to get prepared on Diwali night expecting such incidents, the court said.
The Court further said that it is not possible for any person to claim the right to use crackers by injuring others. The Court was expressing its view on the petition filed by Manisha Sharma to grant temporary license for sale of crackers. The petitioner further challenged the decision of the Delhi Police Commissioner who declined to issue license to the woman for selling crackers. It was also pointed out that use of crackers does not have religious sanction. But it will have adverse impacts on the environment resulting in spreading of diseases. The hon’ble court noted that Diwali is said to be the festival of lights which means lighting of diya and illuminating the buildings and not related to bursting of crackers. As the firecrackers produce sound and produce foul gases, they are dangerous in nature and therefore be brought under the Explosives Act 1884, the court observed.
The Supreme Court had imposed restriction on the use of crackers during night hours but the decision led to debates due to troubles of its enforcement. Justice Endlaw further pointed out that only remedy to restrict the use of crackers is to limit its availability. Hence the Court refused to grant temporary license as asked by the petitioner. Yet another reason for refusing to issue license was that as the people of Delhi mostly live in double stored building, they lack proper space to burst crackers and this may lead to dangerous incidents.
Adv. Jewel Panicker