The Hindu : SC refuses to relax ban on bursting of crackers

Online edition of India's National Newspaper
Thursday, Sep 11, 2003

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SC refuses to relax ban on bursting of crackers

By Our Legal Correspondent

NEW DELHI SEPT. 10. The Supreme Court today declined to relax its ban on bursting of crackers between 10 p.m. and 6 a.m. for the coming Dasara and Diwali festivals. The court has thus reiterated its earlier observation that "right to peaceful sleep is a fundamental right of the citizens".

A Bench, comprising Justice R.C. Lahoti and Justice Ashok Bhan, rejected the argument advanced on behalf of cracker manufacturers that if the ban was strictly enforced, it might ruin the industry and that the earlier order should be modified to the extent that bursting of crackers might be allowed at night during Dasara, Diwali and other major religious festivals.

The Bench made it clear that cultural and religious consideration would not warrant a variation of the earlier orders. It said: "these considerations cannot come in the way of the enforcement of the fundamental rights guaranteed by the Constitution for the citizens and people of India".

The court, in its earlier orders, had directed the authorities to ensure that fireworks were not used at any time in silence zones (within 100 metres area) such as public or private hospitals, nursing homes or other institutions for reception and treatment of the sick/wounded, educational institutions, religious places and courts. The court had also asked school authorities to inform students of the ill effects of firecrackers on health and also inform them of the court's directions.

It was urged on behalf of the All-India Federation of Fire Crackers' Association, representing around 10,000 cracker manufacturing units all over India and over 600 units in Sivakasi in Tamil Nadu alone, that the existing orders fixing norms and guidelines for bursting of crackers would affect the Rs. 400-crore cracker industry as small units would face closure.

The Bench, however, said that parties aggrieved by the order of the court and seeking relaxation in the cracker bursting time could make a representation to the State Government concerned, which, if satisfied with the genuineness of the grievance, could invite the attention of the Union Government to the suggestions made.

"If any alteration or modification of the interim orders of the apex court is called for, it will be for the Government of India to move this court, in case it agrees with the proposals made by the State Government."

The court gave four months to the Union Government to monitor the implementation of the suggestions made by amicus curiae Jitendra Sharma to the extent they had been accepted by the Centre.

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