"Regulations Become Mockery If Not Implemented": Supreme Court

Observing that regulations become a "mockery" if not implemented, the Supreme Court Thursday asked the Centre and regulatory bodies like Petroleum and Explosives Safety Organization (PESO) to apprise it of measures taken to strengthen the protocols to ban production and sale of non-green firecrackers across the country.

A bench comprising Justices A S Bopanna and M M Sundresh asked Additional Solicitor General Aishwarya Bhati, appearing for the Centre and regulatory bodies, to inform it about steps that can be taken to implement the regulatory mechanism to enforce the ban on prohibited firecrackers.

"It becomes mockery unless we have a mechanism to make them (manufacturers and the sellers) conform to the guidelines," the bench said.

Senior advocate Shyam Divan, appearing for some of the manufacturers, said expert bodies like PESO, CPCB (Central Pollution Control Board) and the National Environmental Engineering Research Institute (NEERI) have dealt with the issue of green crackers and now quality control was the only thing remaining to be addressed.

He said expert bodies have come out with guidelines and the chemical formulae of green crackers, and now PESO will be allowed to monitor the production and sale.

On the issue of Barium salt, the senior lawyer said it has been used in production of firecrackers across the globe and the manufacturers in India have also agreed to set up a laboratory in Sivakasi in Tamil Nadu for effective monitoring.

Another lawyer said eight lakh people were employed in the firecracker industry.

ASG Bhati said expert bodies like PESO have taken a string of decisions on green crackers.

The bench then asked the additional solicitor general to apprise it of measures for strengthening the regulatory protocols, and fixed the plea for further hearing on September 13.

The CSIR-National Environmental Engineering Research Institute (CSIR NEERI) has defined green crackers as firecrackers made with a reduced shell size, without ash, and/or with additives such as dust suppressants to reduce emissions.

The top court had in October 2021 said though there was no blanket ban on use of firecrackers, those containing Barium salts will remain prohibited.

While issuing several directions, it had said celebrations cannot be at the cost of the health of others and warned that top officials at various levels shall be held "personally liable" for lapses.

"Any lapse on the part of the State Governments/ State Agencies and UTs shall be viewed very seriously and if it is found that any banned firecrackers are manufactured, sold and used in any particular area, the Chief Secretary of the concerned State(s), the Secretary (Home) of the concerned State(s) and the Commissioner of Police and DSP of the concerned area and the SHO/Police Officer in-charge of the concerned police station shall be held personally liable," the bench had said.

The apex court had said while deciding on a ban on firecrackers, it is imperative to take into account the fundamental right to livelihood of firecracker manufacturers and the right to health of over 1.3 billion people of the country.

It was hearing a PIL filed on behalf of Arjun Gopal in 2015 seeking a complete ban on production and sale of firecrackers.

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