Won't impose complete ban, won't allow incessant fireworks either: SC

New Delhi, Observing that total ban on firecrackers will hurt sentiments, the Supreme Court on Wednesday said it will neither impose complete prohibition, nor allow round-the-clock fireworks.

A bench of Justices MM Sundresh and PB Varale said a middle ground was needed to be found by specifying hours during which firecrackers could be used.

"We will make it very clear. Neither we are going to agree for total ban, nor are we going to allow them to do it for 24 hours a day. Total ban will affect sentiments. And allowing them throughout the day will have huge impact on every other living being including the old, sick and children.

"We need to find a solution by which we can give a specified time," the bench observed orally.

During the hearing, Additional Solicitor General Aishwarya Bhati submitted a note saying a limited and conditional relaxation may be considered in respect of specified 'next-generation joined green crackers' as recommended by CSIR-NEERI complying with the applicable noise, emission and safety requirements, and subject to these firecrackers conforming to certain conditions.

Developed in collaboration with the Council of Scientific and Industrial Research - National Environmental Engineering Research Institute , next-generation joined green crackers are newly-formulated linked fireworks designed with reduced barium salts to lower emissions.

The note further submitted that these specific firecrackers may be permitted if they are manufactured only by duly licensed manufacturers, comply with the prescribed noise limit of 125 dB/145 dB peak, and shall not contain banned chemicals.

The top court said it will consider the issue pertaining to the use of barium in firecrackers on October 15.

In a significant relaxation ahead of Diwali, the top court had last year permitted sale and use of green firecrackers in Delhi and the National Capital Region, with conditions aimed at balancing traditions with environmental and health concerns.

The court had made it clear that use of green crackers will be confined to specific hours of the day before Diwali and on the festival day itself.

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