No total ban on firecrackers, only those containing Barium salts prohibited, clarifies Supreme Court

Tribune News Service

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New Delhi, October 29

Ahead of November 4 Diwali, the Supreme Court on Friday clarified that there was no total ban on firecrackers and that only fireworks containing Barium salts were prohibited.

A Bench led by Justices MR Shah, however, said no authority can be permitted to violate its directions and allow banned firecrackers under the guise of celebration.

On Thursday, it had said the ban on firecrackers was not against any community or festival but to protect citizens’ right to life. “We are not against any particular community. We are not against any particular festival or celebration. But we can’t permit anyone to play with the right to life of others in the guise of celebration. We want to send across a strong message that we are here for the protection of fundamental rights of citizens,” it had said.

It said under the guise of celebration, nobody can be permitted to infringe the right to health of others, guaranteed under Article 21 of the Constitution and nobody can be permitted to play with the life of others, more particularly senior citizens and children, it said.

The top court directed all the states/Union Territories to give due publicity through electronic/print media and local cable services to make the people aware of the directions issued by the court on the manufacture, use, and sale of banned firecrackers. It warned that any lapse on part of states, UTs and other agencies in implementing the ban shall be viewed very seriously.

”It is made clear that there is no total ban on the use of firecrackers. Only those firecrackers are banned, as directed hereinabove, which are found to be injurious to health and affecting the health of the citizens, more particularly the senior citizens and the children,” it clarified once again.