SC changes the timing for firecrackers in this state

NEW DELHI: NP NEWS 24 ONLINE – The Supreme Court Tuesday modified its decision fixing a slot of 8 pm to 10 pm for bursting firecrackers on Diwali and said the time will be changed in places like Tamil Nadu and Puducherry but not exceed two hours a day.

A bench comprising Justices A K Sikri and Ashok Bhushan also observed that the direction for permitting the use of green crackers was meant for the Delhi-NCR region and was not pan India.

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The apex court was hearing several applications filed by the Tamil Nadu government and firecracker manufacturers seeking modification and clarification of its October 23 order.

The Tamil Nadu government had pleaded that apart from the already permitted 8 pm to 10 pm window, residents in the state be allowed to burst crackers between 4.30 am and 6.30 am.

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The court in response said the state government if it so desired could break up the two-hour time period into one hour in the morning and one in the evening. The decision on how to divide the two-hour window was left to the state government.

This is a special exemption for Tamil Nadu, which traditionally celebrates Diwali during the early morning hours.

The Supreme Court made it clear that the exemption will not apply to other states by saying, “When in Rome, do as the Romans do. In North India, celebrate Diwali like it is usually celebrated here — during the night.”

According to the petition, each state or sect has a separate set of beliefs and traditions as far as Diwali celebrations are concerned and the apex court’s restriction would amount to “rejecting the people with their due religious rights and would subject the people of the state into much hardship“.

“Diwali is a practice religiously and scrupulously followed by Hindus from time immemorial and it had become a core and essential religious practice which is also protected under Article 25 of the Constitution as their fundamental right,” it said.

Diwali is celebrated in the state early in the morning to commemorate the death of Narakashura, it pointed out.

The plea also contended that the modification sought by it was in the interest of the environment.

“It would be in the interest of environment not to subject the entire population to burst firecrackers within a stipulated short time as it would lead to the larger volume of emissions within a short span. Permitting people to burst firecrackers at two different times with due intervals would facilitate dissemination of the smoke,” it said.

It also banned the manufacture, sale and use of joined firecrackers, saying they cause “huge air, noise and solid waste problems”.

The apex court said the noise and smoke emission limits of the crackers will have to be approved by the Petroleum and Explosive Safety Organization (PESO), under the Department of Industrial Policy and Promotion, Ministry of Commerce and Industry.