'No blanket ban on firecrackers, those with Barium salts are prohibited': Supreme Court

In a big development, the Supreme Court ruled that there is no blanket ban on firecrackers or the use of firecrackers, apart from those that contained certain substances which were highly injurious to health. The top court on Friday issued a series of directions to ensure the strict implementation of its earlier orders banning the use of barium-based firecrackers.  

A bench comprising Justices MR Shah and AS Bopanna held that there is no total ban on the use of firecrackers, and only those crackers containing Barium salts or chemical crackers were banned. Additionally, laddi crackers are also banned as they create loud noise and air pollution, it said. Only registered sellers can sell firecrackers and the online sale of firecrackers won't be permitted.

"Celebration cannot be at the cost of the other's health. Under the guise of celebration, nobody can be permitted to infringe the right to health of the others, guaranteed under Article 21 of the Constitution of India and nobody can be permitted to play with the life of the others, more particularly the senior citizens and the children," the SC ruled. 

Moreover, the SC asserted that no authority can be permitted the violation of the directions issued by the Court or be allowed permit banned firecrackers under the guise of celebration. The court also ruled that if banned firecrackers are manufactured, sold and used in any particular area, the Chief Secretary, the Secretary (Homes), Commissioner of Police, the District Superintendent of Police and the SHO/Police Officer-in-charge of the concerned areas and states shall be held personally liable.

'We are not against a particular community': Supreme Court

Earlier, the Supreme Court had slammed the state governments for not taking its order seriously and not being stringent regarding the firecracker ban. The court said that while it had no business coming between the celebrations of the festivals, it was bound to take the fundamental rights of the people under consideration. The court noted, “When the earlier order of banning firecrackers was passed, it was passed after giving reasons. All crackers were not banned. It was in the larger public interest. It should not be projected that it was banned for a particular purpose.”

It added, “We expect complete implementation of our orders. We are not against a particular community. We want to send a strong message that we are here for the protection of fundamental rights of citizens.”