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No Complete Ban on Crackers: Supreme Court

The Supreme Court on Wednesday ruled that there will not be a complete ban on crackers for this Diwali. The Court was considering a petition filed by a fringe group in Sivakasi in Tamil Nadu. They contended that fireworks are the main means used in the festivals all around the world. The Court said that this Court will not impose complete ban on crackers. The plea was filed pointing out the increasing pollution of air in the major cities. The Court was reiterating its 2005 judgment that permitted the use of crackers between morning 6 o’clock and evening 10 o’clock.

The Court had also directed the Government to promote adds that warns the public against harms caused from crackers. As the Government failed to publish adds, the Court issued direction to publish adds from 31st October to 12th November. Diwali is being celebrated on 11th November. The plea was initiated by parents of three kids who asked for restricting the use of firecrackers early in the morning and also asked to pronounce a specific area for bursting crackers. But the Court rejected the pleas and stated that all the persons wishes to burst crackers in forefront of their house and they cannot be banned from that practice. It is not possible to insist them to move to Nehru Maidan to use crackers.

The petition moved by a fringe group along with cracker manufacturers’ association contended that ban on crackers will affect the traditional practices of Hindu community and will definitely impair religious sentiments. The Central Government has also supported the move stating that use of crackers is just one among many reasons that causes pollution and ban on crackers will not prevent air pollution. The petitioner further argued that it is a known fact that use of crackers can be seen not only during festivals but also at the time of victories in games, marriages, election etc. They further submitted that the cracker manufacturers provide employment to more than three lakh people directly and nearly 10 lakhs people gets its benefit indirectly. The ban on crackers will lead to closure of all the firework industry and thereby affect the livelihood of many people.

Adv. Jewel Panicker