Need to strike balance between rights to life & employment: SC

Tribune News Service

New Delhi, September 28

Maintaining that it needed to strike a proper balance between the right to life and right to livelihood, the Supreme Court on Tuesday said it can’t infringe the right to life of other citizens “under the guise of employment of a few”.

Complete ban on firecrackers up to Jan 1

New Delhi: The Delhi Pollution Control Committee on Tuesday ordered a complete ban on the sale and bursting of firecrackers in the national capital till January 1, 2022.

“We have to strike the balance between employment, unemployment and the right to life of the citizen. Under the guise of employment of a few, we cannot permit others to infringe the right to life of other citizens,” a Bench led by Justice MR Shah said while dealing with the issue of ban on firecrackers.

“Our prime focus is the right to life of innocent citizens. If we find green crackers are there and accepted by the committee of experts, we will pass suitable orders,” the Bench said, adding that in our country, the main difficulty was implementation. “Laws are there but ultimately implementation has to be there. Our order should be implemented in true spirit,” it noted.

Refusing to impose a complete ban on sale of firecrackers earlier, the court had said sale could happen through only licensed traders and that only green crackers could be sold. Online sale of firecrackers has been completely banned.

On behalf of firecrackers manufacturers’ association, senior counsel Atmaram Nadkarni said in view of the upcoming Diwali on November 4, they wanted Petroleum and Explosives Safety Organisation (PESO) to take a decision on the issue.

He said the government should decide the matter as lakhs of people were employed in the industry. The case must be heard and taken to its logical end, but the plight of lakhs of people working in the firecracker industry should be taken into account, he added.

On behalf of petitioner Arjun Gopal, senior advocate Gopal Sankaranarayanan said the court had directed that PESO would give the final clearance to safe firecrackers.

Additional Solicitor General Aishwarya Bhati, representing the Ministry of Environment and Forests, said the ministry had in October 2020 filed an affidavit and if the Bench considered it, all the interim applications would be covered. Experts have suggested formulations on the issue of green crackers, she said.

The court asked Sankaranarayanan to submit a separate compilation of orders and posted it for hearing on Wednesday.

The Bench said everyday there was a violation of orders and in every religious event, victory processions, marriages, it could see flouting of its orders. “We will have to fix liability on someone, else this will not stop at all,” it said.

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