‘We Have To Make A Choice’: Bombay HC Sets Time Limit For Bursting Crackers In Mumbai On Diwali

The Bombay High Court ordered decided to limit the bursting of firecrackers during Diwali in Mumbai saying citizens have to choose between "a disease-free environment" and bursting crackers to celebrate the festival.

File Photo of Bombay High Court

Source : PTI

The Bombay High Court on Monday decided to limit the bursting of firecrackers during Diwali in Mumbai. The division bench of Chief Justice D K Upadhyaya and Justice G S Kulkarni, while recognising the importance of individual rights, emphasised the need to strike a balance considering the deteriorating air quality in the metropolis. The court acknowledged that banning fireworks outright would be challenging due to differing opinions on the matter and the constitutional right to practice one's religion, news agency PTI reported.

Instead, the judges proposed to fix a time limit for bursting firecrackers. The court's directive stipulates that fireworks should occur only between 7 pm and 10 pm during the festival of lights.

"We have to make a choice. Either we have a disease-free environment, or we burn firecrackers and celebrate the festival. Citizens have to decide now," the court said, as quoted by PTI.

Mumbai HC Mulls Ban On Movement Of Vehicles Transporting Construction Material

In addition to regulating firecrackers, the bench also ordered that all vehicles transporting construction material and debris to construction sites must be entirely covered with tarpaulin until Friday (November 10). The court made it clear that they would monitor the situation and, if air quality continued to deteriorate, the plying of vehicles carrying construction materials and debris could be stopped, PTI's report mentioned.

The bench initially considered imposing a complete ban on the movement of such vehicles until November 10. However, this was met with opposition from Maharashtra's Advocate General Birendra Saraf and senior counsel Milind Sathe, who argued that it would disrupt ongoing public projects, such as the Coastal Road and the metro rail.

"This is a major concern for dust in the air. Heavens are not going to fall if public projects like the Coastal Road are not done for a fortnight. Nothing can be more cascading than public health," the bench observed, as quoted by the report.

Recognising the importance of public health, the court decided to allow the movement of construction material vehicles but with the condition that they must be fully covered with tarpaulin. This measure aims to reduce dust in the air, which is a significant contributor to the city's deteriorating air quality.

The court's intervention in addressing Mumbai's air quality issues comes as authorities face criticism for inadequate implementation of air quality improvement measures. While there are regulations and guidelines in place, the court noted that their effectiveness has not translated into meaningful change on the ground.

"Theoretically, on paper, everything appears to be in place, but the ground reality shows that nothing has been done," the court remarked, as per PTI.

To ensure accountability, the bench ordered that the assistant municipal commissioner of each ward would be held responsible and liable for any lapses in the compliance with the air pollution mitigation plan issued by the Brihanmumbai Municipal Corporation (BMC) in March 2023. Furthermore, all construction sites were directed to install thin metal sheets around them and regularly use water to suppress dust. Open burning of waste in public spaces is also prohibited.

"We are living on Earth, and we have created this situation ourselves. We have not led our lives naturally. We are dependent on nature, but also not dependent," Chief Justice Upadhyaya said.

In a bid to monitor and oversee the steps taken by civic corporations, the court established a two-member committee, with the National Environmental Engineering Research Institute (NEERI) and the director of the state health department at the helm.

The court scheduled a further hearing for November 10. 

Air Pollution In Mumbai

A LocalCircles survey among 7,000 respondents revealed that 78 percent of families in Mumbai have reported at least one member suffering from air pollution-related ailments, with 44 percent experiencing burning eyes, news agency IANS reported. Construction sites and vehicular emissions were identified as the primary contributors to the air pollution issue.

In response to the alarming air quality, the BrihanMumbai Municipal Corporation (BMC) has taken several steps to combat air pollution, including deploying anti-smog guns, sprinklers at construction sites, and special squads to enforce pollution control measures. Additionally, the BMC has initiated the daily cleaning of 650 kilometers of major roads in the city with recycled water, as per IANS.

Experts have noted that Mumbai's air quality has been in a worrying state since the end of the monsoon season and the onset of early winter in October. Other cities in Maharashtra, including Nagpur, Pune, Aurangabad, and Nashik, have also reported poor air quality, contributing to the overall air pollution problem in the state, as per IANS. 

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