The Delhi government on October 19, 2022, announced that purchasing or bursting firecrackers on the festival of Deepavali in the national capital will attract a jail term of up to six months and a fine of rupees 200. The announcement was made by the Minister for Environment, Forest & Wildlife, Development and General Administration in Delhi government, Gopal Rai in a press conference. Rai said that the manufacturing, storing, and selling of firecrackers in Delhi will be punishable with a fine up to rupees 5,000 and three years imprisonment under Section 9B of the Explosives Act. Rai added that 408 teams have been set up to implement the ban.
“The Delhi Police has formed 210 teams. All the teams will be spearheaded by an officer of the ACP (assistant commissioner of police) rank. The revenue department, meanwhile, has formed 165 teams and there are 33 teams under the Delhi Pollution Control Committee (DPCC). These teams consist of a total of 1,279 personnel and all those who violate the ban by selling, manufacturing or storing it (firecrackers) will have to pay a fine of ₹5,000 and be imprisoned for three years as per Section 9(b) of the Explosive Act. Similarly, those who purchase and burn the crackers illegally, they will be prosecuted under Section 268 of IPC, which stipulates a fine of ₹200 and imprisonment for 6 months”, Rai said.
“The government will run a jan jagrukta abhiyan (public awareness campaign) to clear the misinformation with people regarding crackers. Many people think that Diwali cannot be celebrated without bursting crackers but this is not true as when we first started celebrating Diwali in a grand fashion, there were no crackers,” Rai added.
Rai while announcing a ‘Diye Jalao, Patake Nahi’ event to be celebrated on October 21 at Central Park in Connaught Place said, “there, we will light 51,000 diyas… We appeal to the people of Delhi to take part in it. Afterwards, we will run this awareness campaign across all localities in Delhi with the assistance of RWAs, eco clubs and paryavaran mitras to educate people about how harmful firecrackers are”.
As per the government data, 188 people have been penalized for flouting the cracker ban in Delhi as on October 16. According to the data of the Delhi Police, around 10,900kg of firecrackers has been seized across the national capital as on October 18.
The Delhi High Court meanwhile on October 20, dismissed the plea challenging the decision on the manufacturing, storage, sale, and bursting of all kinds of firecrackers till January 1, 2023, in the national capital. Justice Yashwant Varma said the Court was “not inclined to entertain this petition”. Justice Varma said that it would not be appropriate for the High Court to consider the issue when the same is pending adjudication before the Supreme Court.
The Delhi Pollution Control Committee (DPCC) announced the blanket ban on all kinds of firecrackers on September 14. The plea was moved by a company that manufactures green crackers. The plea said that an arbitrary and last-minute ban on the sale and use of green crackers will not only affect the petitioners’ livelihood but also other similarly placed sellers. The plea sought direction to restrain the Delhi Government and the DPCC from taking any action against them. The plea requested that the impugned direction be declared ultra vires as being violative of Article 19(1)(g) of the Constitution of India.
Further, the plea said that the December 2020 order of the National Green Tribunal (NGT) did not envisage a blanket ban of crackers as it was passed in the context of the COVID-19 pandemic that was prevailing at that time.
“Almost all Covid-19 related restrictions that were in force in December, 2020 have now been relaxed. There is thus no reason that a restriction on the sale and use of fire-crackers remain, especially at a time when the AQI levels in Delhi are at moderate or better levels”, the plea said.
Later on October 20, the Supreme Court while turning a petition seeking urgent hearing on the blanket ban on firecrackers in Delhi said, “Let people breathe clean air, spend your money on sweets”.
The Supreme Court refused to urgently hear the plea against a blanket ban on firecrackers in Delhi on October 20. “Let people breathe clean air… spend your money on sweets,” Justice MR Shah remarked.
