[COVID-19] Calcutta High Court orders total ban on firecrackers for upcoming Diwali, Kali Puja, Christmas, New Year

The Calcutta High Court on Friday banned the use of any type of firecrackers in the State of West Bengal during upcoming festivities of Kali Puja, Diwali, Chatt Puja, Jagadhatri Puja, Guru Nanak’s Birthday, Christmas Eve and New Year’s Eve this year (Roshni Ali vs. State of West Bengal).

The order was passed taking into account the COVID pandemic situation and the deteriorating air quality.

Only wax or oil-based diyas can be used, the Court directed.

"The State should ensure that there is no use or display or bursting of firecrackers of any type at all during the oncoming Kali Puja, Diwali celebration as well as the following Chatt Puja, Jagadhatri Puja, Guru Nanak’s Birthday and/or Christmas/New Year’s Eve this year. For such purpose, only wax or oil-based diyas might be used," the Court ordered.

A Bench of Justices Sabyasachi Bhattacharyya and Aniruddha Roy directed the police to maintain strict vigil and ensure that no sale, purchase or use of firecrackers takes place during the festivities. Further, the police was asked to confiscate any firecrackers of any kind which have the potential to pollute the air.

Before concluding the order, the Bench importantly clarified that the expression “firecrackers” covers all types of sparklers as well as other like material, whether or not the bursting/burning thereof involves any sound or light being generated.

The petitioner, one Roshni Ali contended that bursting of firecrackers would endanger the right to life of Indian citizens especially in light of the worsening pandemic. Attention was drawn to an earlier order of the coordinate bench of the Court banning use of all firecrackers and allowing only the use wax or oil based diyas.

It was further submitted that larger interest of citizens must be kept in view as opposed to the smaller interest of firecracker manufacturers and others concerned with such business.

The Advocate General, however, pointed out orders of the National Green Tribunal and Supreme Court that permitted the use of “green crackers” in restricted times of the day.

A similar submission was made by the intervenors, a joint body of firecracker manufacturers, which stated that if permission for use of such green crackers is not extended, manufacturers would suffer.

“It is further submitted that only such green crackers which are duly certified by the authorized agencies of the Central Government may be permitted to be used; otherwise, the manufacturers of the green crackers who have invested huge amounts or resources in such manufacture would be left in the lurch at the eleventh hour.”

However, the Division Bench was inclined to reject this submission in view of “practical realities”. It was observed that there was no mechanism in place to distinguish green crackers and it would create an impossible task for law enforcement agencies.

“It would be an impossible task for the police and/or law enforcement agencies to ascertain the veracity of the certificates of the crackers which are being used by the general public at the time of these festivals, irrespective of the classification under which they are sold," the Court said.

Another challenge identified by the Court was that if a window is left open for green crackers, the same would open up a window for abuse as well without a method to curb the abuse.

“The standards fixed by the Pollution Control Board regarding the composition of green crackers are not under challenge before us, but we are more concerned about the apprehended misuse of such composition by labelling firecrackers which do not fulfil such criteria to be passed off as green crackers,” the order stated.

Therefore, considering the pandemic situation as well as the worsening air quality index, it was deemed necessary to check the use of firecrackers altogether.

[Read Order]