People can continue to burn firecrackers up to 10 pm on Diwali as the Supreme Court on Wednesday refused to impose a ban, saying if people want to celebrate outside their houses, the court cannot stop them.
The court, however, expressed its displeasure over the Central government's failure to comply with its previous directions to give wide publicity to ill-effects of fireworks in the run-up to the festival season.
The court was hearing a petition filed on behalf of three Delhi infants who stressed on their right to be brought up in a pollution-free environment and pleaded that government agencies be restrained from issuing licences for sale of crackers in the national capital.
Refusing to modify its direction issued in 2001 banning bursting of crackers between 10pm and 6am, a bench comprising Chief Justice of India H L Dattu and Justice Arun Mishra asked the Centre to "give wide publicity both in print and electronic media to the ill-effects of fireworks" almost on a daily basis from October 31 to November 12 (a day after Diwali).
"If anyone wants to burst crackers outside his house, then we cannot say no. It will be dangerous to do so, and people will say it is their right," Justice Dattu said. The court declined to pass any interim order without hearing the views of the parties concerned in detail.
Appearing for the infants, who have approached the court against use of firecrackers, senior advocate A M Singhvi argued that in order to bring down the air pollution levels, bursting of firecrackers should be allowed only between 7pm and 9pm.
Earlier, the court had banned bursting of crackers between 10pm and 6am. Expressing its displeasure over the delay in publicising the ill-effects of crackers, the bench told solicitor general Ranjit Kumar, "You should have done it on October 16 itself. It should be published continuously. This is not done."
The bench also sought responses from the Delhi government and the Central Pollution Control Board to the infants' joint plea for ban on use of crackers during the festival season.
The solicitor general assured the court that advertisements will be given in print and electronic media from October 31 to November 12 in pursuance of the court direction.
The Centre has already said through an affidavit that the air pollution is dependent on several factors such as industries, aviation, railways, shipping, construction activities, geo-climatic conditions and emissions from vehicles.
The air pollution may be prevented and controlled by a multi-disciplinary approach through various ministries and municipal authorities.
The joint petition was filed on behalf of Arjun Goyal, Aarav Bhandari and Zoya Rao Bhasin (aged between six months and 14 months) by their advocate fathers.
The plea had said the widespread use of firecrackers in Delhi during the festive season exposed vulnerable infants to dangerous diseases and side-effects such as lung disorders, asthma, coughing, bronchitis, retarded nervous system development and cognitive impairment.
