Firecrackers: In Light of Recent Supreme Court Judgment and Impact on Uttarakhand and Animals.

The Supreme Court in Goutom Roy and Anr v. State of West Bengal Diary No.26640-2021, Sudipta Bhowmick v. State of West Bengal SLP(C) No.17991/2021 emphasized on the need to strengthen mechanism to prevent misuse of firecrackers and passed directions for the same while setting aside the order of the Kolkata High Court which had imposed complete ban on the sale and use of firecracker in the State of West Bengal during festivities of Kali Puja, Diwali, Chatt Puja, Jagadhatri Puja, Guru Nanak's Birthday, Christmas Eve and New Year's. In Arjun Gopal and others Vs. Union of India (2019) 13 SCC 52, the Supreme Court dealt with ill consequences of Pollution due to Fire Crackers in State of Delhi, and also tried to set a balance between Fundamental Right to carry on business of the manufacturers and traders of firecrackers and Fundamental Right to health of the People under Article 21 of the Constitution of India. The Court permitted the sale of only green crackers and directed the authorities concerned to consider barring Barium salts in firework as it emits poisonous gases. The court applied precautionary principle and also marked the time slot when crackers could be burst. However, all these judgments have looked at the ill consequences of pollution only from a human point of view. They have failed to consider the major effect bursting of crackers during festivals, marriages and processions on flora and fauna of the region. As per multiple reports noise pollution created by the bursting of high-sounding crackers damages the nervous system of animals. It increases their heart rates and stress rate. Many times, due to the sheer shock created by the sound of the crackers the nesting birds fly off leaving off their eggs or offspring. Even in those places where only green crackers are permitted, first there is no way of ensuring that only green crackers are sold; Second, the packing of these crackers is mostly non-biodegradable. E.g. in Nainital the use of plastic is completely banned, yet there is a lot of plastic generated by the selling and buying of crackers which ultimately goes to the lake, severely contaminating the water of the area. Plastic Pollution caused due to crackers in Nainital. Picture taken last year during Diwali. Last year the Uttarakhand Government issued an order allowing only green crackers to be sold in six major cities viz. Dehradun, Haridwar, Rishikesh, Haldwani, Rudrapur and Kashipur which can be burst between 8 to10 P.M. on Diwali and Gurupurab , and between 6 to 8 am on Chhath. This came after the order of the National Green Tribunal in Tribunal on its own motion vs Ministry of Environment, Forest & Climate Change 2020 SCCOnline NGT 860 in which it put a complete ban on the sale of firecrackers in NCT Delhi and further sought a response from State with cities where the Air Quality is not Satisfactory. As per AQI date available on the website the status of air in Uttarakhand cities such as Nainital and Lansdowne is ‘unhealthy’. The air quality in Uttarakhand starts deteriorating in late October and winters are the worst –hit season in terms of air pollution. Uttarakhand is an eco fragile area which makes it more susceptible to any pay off due to small rise in pollution level for e.g. Nainital which has a weak and fragile geographical structure. There is history of landslide in some parts of area namely Sukhatal through the lake via Baliyanwala which was confirmed in year 2019 by the Geological Survey of India in their survey report and burning of crackers which emits high sound could weaken the stability of the soil ultimately resulting in huge natural disaster. Increasing Air Pollution is not a seasonal or festival issue. However, Reports have pointed out that Air quality did worsen during Diwali and symptoms of eye, increased coughing, relatively more hospital visits, increased noise levels and high metal levels in urine do reflect adverse impact of firecracker bursting. There is a need to study the impact of firecrackers on flora and Fauna, especially in eco fragile areas of Uttarakhand. Courts are fundamentally dispute settlement institutions. It is for the State, the Pollution Control Board and State Animal Welfare Board to take cognizance and prevent any adverse effect on the flora and fauna. Bursting of Firecrackers has never been an essential part of the festival of Diwali or practice of Hindu Religion and ultimately any religious practice cannot threaten the health and lives of people. The Hindu religion particularly prides in the reverence and respect it offers to nature and animals. There is a need to implement protocol in festivities. Fire-Crackers above the prescribed sound level, and emitting harmful gases must be immediately banned. Warning signs must be put regarding potential hazard caused by fire crackers and accountability should be put on the manufacturers if crackers cause any unwarned injury. Time Slot as prescribed for emission of crackers must be strictly implemented by the Police authorities and even permissible ‘green crackers’ must be sold in biodegradable packaging. The authorities must not allow bursting of crackers in public places thereby causing hazard and nuisance to others and make the licensed sellers responsible of cleaning of the area. We also need to be sensitive about Stray Animals and birds which are more vulnerable than us to the harmful effect of pollution. As Supreme Court said, “We Cannot Celebrate at the Cost of life of others” and the life of these voiceless animals and birds is as precious as ours”.