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The Telangana Fire Workers Dealers Association (TFWDA) has moved the Supreme Court seeking a stay on the November 12 order passed by the Telangana High Court directing the State government to immediately ban the sale and use of fireworks by the people and by organizations in the State.
The petition filed by Advocate Somanadri Goud K states that the members of TFWDA have been seriously affected by the High Court order which is violative of their right to livelihood. Advocates Pranav Diesh, Mohammad Ibrahim and CH Jayakrishna are other lawyers representing the petitioner.
The plea states that the order was passed by the High Court without making the association a party to the case and without considering the impact it would have on the members engaged in manufacturing such products.
"It is important to acknowledge the nexus between law and economics in current times wherein a balanced approach needs to adopted for balancing of the two rights available to the citizens under Articles 19(1)(g) and 21 of the Constitution of India,"
reads the petition.
TFWDA has argued that the High Court order which was passed on the eve of Deepavali has led to immense financial hardships to its members, especially since firecrackers is a “seasonal business for which heavy investments have been made.”
Terming the order as violative of fundamental rights enshrined under Article 19 and 21 of the Constitution, the petitioner has submitted that the High Court failed to consider the “economic adversities that shall befall upon almost lakhs of people and their respective families who are directly and indirectly employed by the fireworks industry within the State of Telangana.”
The petition also points out the Supreme Court order in the case of Arjun Gopal and Ors. v. Union of India and Ors, in which it was ruled that only green and improved firecrackers would be allowed to be manufactured and sold in adherence to the prescribed standards of Petroleum and Explosives Safety Organisation (PESO). “These green firecrackers reduce emission by 25-30%," the plea states.
While Telangana and Calcutta High Courts have banned fireworks during Diwali season taking into account spike in pollution levels and the impact it could have on Covid-19 situation, the Madras High Court recently ordered the Tamil Nadu and Central governments to introduce alternative employment schemes to benefit those whose livelihoods have been affected by such bans.
Besides High Courts, the National Green Tribunal also ordered a total ban on all kinds of firecrackers in the Delhi-National Capital Region (NCR) from from midnight of November 9 -10, 2020 to the midnight of November 30 - December 1, 2020.
The NGT further stated that such ban will also apply to all cities/towns in the entire country where the "average of ambient air quality during November (as per available data of last year) fall under 'poor' and above category."