Diwali 2021: Banning Firecrackers Not Against Any Particular Community, Says Supreme Court

"We have not put 100 per cent ban on firecrackers. Everybody knows what the people of Delhi are suffering due to the pollution caused by firecrackers", the bench said.

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New Delhi: The Supreme Court on Thursday dismissed the impression that banning firecrackers against any particular community and said it cannot allow violation of rights of citizens "under the guise of enjoyment."

A bench consisting of Justices M R Shah and A S Bopanna made it clear that it wants full implementation of its orders, PTI reported. 

"Under the guise of enjoyment, you (manufacturers) cannot play with the lives of citizens. We are not against a particular community. We want to send a strong message that we are here for the protection of fundamental rights of citizens", the bench was reported as saying. 

The court also brought up the earlier order stating it was passed after elaborate reasons were given. Despite which all firecrackers were not banned.

"It was in the larger public interest. There is a particular impression being created. It should not be projected that it was banned for a particular purpose. Last time we said that we weren't coming in way of enjoyment but we cannot come in way of fundamental rights of people", the bench said.

Earlier, the court had refused to impose a complete ban on the sale of firecrackers and said that sales can happen through only licensed traders and that only green crackers can be sold. The online sale of firecrackers has been completely banned.

It said there must be some responsibility entrusted to authorities who have been given the right to implement the order on the ground. The bench said even today firecrackers are openly available in the market.

"We want to send a message that we are here to protect the rights of people. We have not put a 100 percent ban on firecrackers. Everybody knows what the people of Delhi are suffering (due to the pollution caused by firecrackers", the bench said.

The SC had said it cannot infringe the right to life of other citizens under the guise of employment while considering a ban on firecrackers and its prime focus is the right to life of innocent citizens. The verdict had come in response to a plea seeking a ban on the manufacturing and sale of firecrackers across the country to curb air pollution.

According to the PTI report, the apex court had ordered six manufacturers to show cause why they should not be punished for contempt of its orders.

The court said that while deciding on a ban on firecrackers, it is imperative to take into account the fundamental right of livelihood of firecracker manufacturers and the right to health of over 1.3 billion people of the country.

(With PTI Inputs)