Diwali Crackers Ban: The Reality Behind It and Relevant Indian Laws

This article delves into the reasons behind the ban, the Indian laws involved, and the reality of the situation.

The Environmental and Health Concerns

Air Pollution

One of the primary reasons for the firecracker ban is the alarming rise in air pollution levels around Diwali. Numerous studies have shown that the bursting of firecrackers during the festival leads to a sharp spike in the concentration of particulate matter (PM2.5 and PM10), which is hazardous to human health, animals, plants, and the environment.

The bursting of fireworks significantly contributes to air pollution. Fireworks contain toxic chemicals such as lead, barium, and chromium, which, when ignited, release harmful gases like carbon monoxide, nitrogen oxides, and sulphur dioxides.

In the order dated October 23, 2018, in the case of Arjun Gopal & Others v. Union of India & Others (Writ Petition No. 728 of 2015), the Supreme Court directed the Central Pollution Control Board (CPCB) and the respective State Pollution Control Boards/Pollution Control Committees (SPCBs/PCCs) to conduct short-term air quality monitoring in cities for 14 days, starting 7 days before and ending 7 days after Diwali.

On November 14, 2020, Diwali day, the increase in PM10 levels across various monitored cities ranged from 22.6% to 114% compared to the pre-Diwali period. Lucknow recorded the highest increase at 114%, followed by Bhopal at 86.2%, Delhi at 67.1%, Shillong at 53.7%, and Kolkata at 22.6%.

Click Here to Read in Detail about Ambient Air Quality (Report) During Diwali 2020

Cities like Delhi, already grappling with severe air pollution due to vehicular emissions, industrial activities, and stubble burning, often witness a public health emergency post-Diwali.

The Air Quality Index (AQI) in Delhi during the Diwali period of 2023 showed significant variations. On November 11, 2023 (4 PM), a day before Diwali, the AQI was 220. On Diwali day, November 12, 2023 (4 PM), it slightly decreased to 218. However, after Diwali, on November 13, 2023 (10 AM), the AQI rose sharply to 301, indicating a significant deterioration in air quality due to the celebrations and the use of firecrackers.

Hospitals report a surge in patients with respiratory problems, and visibility drops drastically due to the thick layer of smog enveloping the city. These environmental and health concerns form the backbone of the legal actions taken against firecrackers.

Noise Pollution

Noise pollution caused by firecrackers significantly impacts health and well-being, leading to issues such as hearing loss, stress, anxiety, and sleep disturbances. It poses particular threats to animals, causing fear and disorientation, while disrupting local ecosystems and wildlife communication.

The Noise Pollution (Regulation and Control) Rules, 2000, specified that the bursting of firecrackers is prohibited in 'silence zones,' which are designated by State governments, as well as at any time after 10 p.m.

During Diwali 2013 in Bangalore, 95 cases of eye injuries related to crackers were reported, along with seven cases of burns.

During the Diwali period in 2013, ambient noise levels in Bangalore were significantly higher than the established noise standards of 55 dB(A) during the day and 45 dB(A) at night. On October 29, 2013, the pre-Diwali measurements recorded 67.9 dB(A) in Rajajinagar, which surged to 85.2 dB(A) on Diwali day, representing a 25.5% increase. Similarly, Rajarajeshwari Nagar saw an increase from 61.9 dB(A) to 78.7 dB(A), marking a 27.1% rise, while Nagarbhavi's levels increased from 64.1 dB(A) to 80.4 dB(A), reflecting a 25.4% escalation. These figures illustrate the substantial rise in noise pollution associated with the festivities.

The Maharashtra Pollution Control Board conducted a comprehensive noise monitoring study across 27 municipal corporations in Maharashtra before, during, and after the Diwali Festival in 2019. Monitoring took place at 158 locations for 24 hours on three days: October 26 (before Diwali), October 27 (Diwali), and October 29 (after Diwali). The highest noise levels were recorded in Dharavi, reaching 76.9 dB(A) during the day and 72.6 dB(A) at night on October 26, 2019. During Diwali the highest daytime noise level was recorded at Kamathipura, measuring 74.8 dB(A), while the highest nighttime level was observed at Dindoshi, reaching 73.8 dB(A).

Noise levels during the 2023 Diwali celebrations in Mumbai surpassed previous years, with readings reaching 117 decibels, an increase from the previous high of 109.1 decibels. An NGO focused on noise pollution awareness reported that firecrackers were used past the 10 p.m. deadline set by the courts.

Legal Framework Governing the Ban

India has seen a growing emphasis on environmental protection in recent decades, particularly under the judiciary's watchful eye. Several laws come into play regarding the regulation of firecrackers during Diwali:

1. The Environment Protection Act, 1986:

Section 3: Empower the Central Government to take measures for protecting and improving the environment.

Section 6: The Central Government may, through a notification in the Official Gazette, establish rules regarding the regulation of environmental pollution

2. The Air (Prevention and Control of Pollution) Act, 1981:

This Act focuses specifically on air pollution.

Section 3 & 4: The Central Pollution Control Board (CPCB) and the State Pollution Control Boards are tasked with monitoring air quality.

Firecrackers contribute significantly to air pollution, and under this Act, these boards have the authority to recommend measures, including banning firecrackers.

3. Noise Pollution (Regulation and Control) Rules, 2000:

Rule 3: The State Government shall implement measures to reduce noise pollution, including that caused by the bursting of sound-emitting firecrackers, and ensure that existing noise levels remain within the ambient air quality standards set by these rules.

Rule 5A: Prohibits the bursting of firecrackers in 'silence zones' and restricts their use after 10 p.m.

Schedule

Ambient Air Quality Standards for Noise

The following are the ambient air quality standards for noise, categorized by area:

Industrial Area (Code A):

• Daytime Limit: 75 dB(A)
• Nighttime Limit: 70 dB(A)

Commercial Area (Code B):

• Daytime Limit: 65 dB(A)
• Nighttime Limit: 55 dB(A)

Residential Area (Code C):

• Daytime Limit: 55 dB(A)
• Nighttime Limit: 45 dB(A)

Silence Zone (Code D):

• Daytime Limit: 50 dB(A)
• Nighttime Limit: 40 dB(A)

4. The Explosives Act, 1884

Section 5: It grants power to the government to make rules as to licensing of the manufacture, possession, use, sale, transport, import and export of explosives.

5. The Explosive Rules, 2008

Rule 7: No person shall manufacture, import, export, transport, possess for sale, or use an explosive unless authorized or licensed under these rules.

National Green Tribunal's Comprehensive Ruling on Firecracker Pollution Amid COVID-19 Pandemic

• Tribunal on its own Motion vs. Ministry of Environment, Forest & Climate Change & Ors. (OA 249/2020)
• Shobhit Shukla vs. Govt. of NCT of Delhi (OA 254/2020)
• Chirag Jain vs. Govt. of NCT of Delhi (OA 255/2020)
• Dr. P.G. Najpande & Anr. vs. State of M.P. & Ors. (OA 93/2020 (CZ))

Issue

Judgment highlights:

• Complete ban on the sale and use of firecrackers in regions where air quality was categorized as "poor" or worse during November 2020, with particular attention to the NCR (National Capital Region).
• Cities with moderate air quality could only use "green crackers" within a two-hour window during festivals.
• Enforcement measures, including monitoring air quality data, the establishment of air quality monitoring stations, and the recovery of compensation from violators, were mandated.

The Tribunal underscored the need to adhere to the principles of sustainable development and the precautionary principle, highlighting that economic considerations must take a back seat to public health in cases of environmental damage.

Government Actions to Mitigate Firecracker-Related Environmental Damage

I) Government of National Capital Territory of Delhi (Anti-Firecrackers Campaign)

In line with the Hon'ble Supreme Court's directives in Writ Petition (Civil) No. 728/2015, schools were encouraged to raise awareness about the harmful environmental and health impacts of firecrackers. All Heads of Un-Aided Recognized Schools were advised to organize an Anti-Firecrackers Campaign with the theme 'Say No to Firecrackers' to educate students and staff about the dangers of burning firecrackers, especially between Dusshera and Diwali.

The school’s Eco-club should take the lead in promoting awareness among students, parents, and the broader community to help reduce pollution in Delhi during this festive period. Activities such as essay writing, debates, poem recitations, and slogan writing competitions can focus on topics like eco-friendly Diwali celebrations, a clean and green Diwali etc.

These initiatives aim to encourage eco-friendly and responsible celebrations.

2) Delhi Pollution Control Board (Ban on Firecrackers in Delhi to Curb Air Pollution)

The Hon'ble National Green Tribunal has directed the Government of NCT Delhi and DPCC to take steps to reduce air pollution. As per the powers granted under the Air (Prevention & Control of Pollution) Act, 1981, the use of firecrackers and fireworks in Delhi is banned for all occasions, except religious events.

Authorities and individuals must comply with this directive, and enforcement agencies are required to submit daily reports to DPCC. Non-compliance will result in action under Section 37 of the Air Act, 1981.

3) Haryana State Pollution Control Board (Measures to Control Pollution)

In the interest of public safety, it is essential to prohibit the manufacture, sale, and use of joined firecrackers (series crackers or laris) and all types of firecrackers, except for Green Crackers. Additionally, the use of barium salts in fireworks is also banned.

4) Ministry of Environment, Forest and Climate Change (Curb Pollution)

To engage the public in promoting a cleaner environment, the government launched the 'Harit Diwali and Swasth Diwali' campaign in September 2017, involving over 2,000 schools in Delhi and more than two lakh schools nationwide. Additionally, a Mini Marathon titled 'Swachh Hawa for Swachh and Swasth Bharat' was organized on 15th October 2017 at India Gate, with around 15,000 school children participating.

5) Government of Odisha:(Order on Firecrackers Ban During Diwali 2021)

The Government of Odisha, through the Office of the Special Relief Commissioner, issued an order on 31st October 2021, following the directions of the Hon'ble High Court of Odisha in WP(C) No. 33208 of 2021. Exercising powers under the Disaster Management Act, 2005, the State Government had previously issued an order on 30th September 2021, prohibiting the sale and use of firecrackers throughout the festive month to protect public health and prevent the spread of infection.

Supreme Court's Role and Controversies

The Supreme Court of India has played a pivotal role in the firecracker ban debate. In 2018, the court delivered a landmark judgment in Arjun Gopal v. Union of India, AIR 2018 SC 5731, where it banned the sale of traditional firecrackers but allowed the use of "green crackers," which are considered less harmful to the environment. The court also imposed time restrictions, allowing firecrackers to be used only for two hours during Diwali.

The court's intention was clear: to balance the need to protect the environment with the citizens' right to celebrate Diwali. However, this decision sparked a nationwide debate.

Many individuals and organizations argued that the ruling disproportionately targeted Hindu festivals, while similar restrictions were not imposed on other religious or cultural celebrations. The controversy gained momentum, with some religious groups claiming that the ban amounted to an infringement on their religious freedom under Article 25 of the Indian Constitution, which guarantees the right to practice and propagate one's religion.

Chetan Bhagat criticized the Supreme Court's verdict banning Diwali firecrackers, questioning why restrictions are imposed only on Hindu festivals. He compared the ban to prohibiting Christmas trees during Christmas or goat slaughter on Bakri Eid, highlighting concerns about targeting cultural practices during major religious festivals.

On the other hand, environmentalists and public health experts lauded the judgment, emphasizing the need for stringent measures to curb pollution. The battle between tradition and environmental responsibility remains unresolved, as each Diwali season brings renewed debates over the firecracker ban.

Reality Check: Is the Ban Effective?

Despite the bans and restrictions, the reality on the ground tells a different story. Every year, despite court orders, firecrackers are still widely sold and used in several parts of the country. The enforcement of these bans has proven to be a significant challenge for authorities. Factors such as limited manpower, lack of awareness among citizens, and the deep-rooted cultural association with firecrackers make it difficult to implement the bans effectively.

Moreover, the introduction of "green crackers" has not been as successful as anticipated. Although green crackers are marketed as being less harmful, the difference in pollution levels between traditional firecrackers and green crackers is marginal, according to some studies. Additionally, the production and supply of green crackers have not met the high demand during Diwali, further complicating the issue.

Balancing Tradition with Responsibility

The ongoing debate over the firecracker ban highlights the difficult balance between preserving cultural traditions and addressing urgent environmental and public health concerns. While it is undeniable that firecrackers contribute significantly to pollution, the question remains: is an outright ban the most effective solution, or is there a middle ground?

Many experts suggest that a more sustainable approach would involve better public awareness campaigns, stricter enforcement of existing laws, and a focus on long-term solutions such as improving air quality throughout the year.

Educating the public on the harmful effects of firecrackers and promoting alternatives, such as community fireworks displays or eco-friendly Diwali celebrations, could help bridge the gap between tradition and environmental responsibility.

Conclusion

The Diwali crackers ban remains one of the most polarizing issues in India today. On one hand, it is essential to protect the environment and public health, especially given the alarming levels of pollution in many Indian cities. On the other hand, for many Hindus, firecrackers are an inseparable part of Diwali, and the ban feels like an attack on their cultural and religious identity.

The firecracker ban has left thousands of families without livelihoods, highlighting the economic impact on those dependent on the firecracker industry for their income.

As the debate rages on, it is clear that a more nuanced approach is needed—one that acknowledges the importance of tradition while also addressing the urgent need for environmental sustainability. The challenge lies in finding a solution that respects both, ensuring that future generations can celebrate Diwali in a way that is joyous and environmentally responsible.

Click Here to Know the safety precautions to observe during the Diwali Festival

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