Summary
On an application to modify the November 2016 fireworks order, the Court temporarily lifted suspension of permanent licences in Delhi and NCR, subject to strict safety, composition and supply restrictions. It adopted graded regulation while affirming the priority of health and clean air, reduced temporary licences, prohibited inward transport and specified chemicals, and directed public education and scientific studies. The order addressed the 2017 festival period and proposed further reductions for 2018 subject to objections.
Issues
- Whether the existing suspension of fireworks licences should be modified on the material then available.
- What regulatory, educational and scientific measures should protect health and clean air.
Provisions considered
- Rules 15 and 84, Explosives Rules, 2008Marking and temporary-shop safety requirements were expressly ordered to be strictly enforced; nonconforming fireworks could not be sold in Delhi and NCR. (¶¶ 44, 46, 71(1)–(2))
Held
- Health and the constitutional right to breathe clean air take precedence over commercial interests. Fireworks contributed to pollution, but the evidence did not quantify their share among several causes; a complete sales ban was considered too extreme on the material then available, warranting a graded approach. (¶ 63–71)
- Permanent-licence suspension was lifted for the time being, subject to all directions and the Explosives Rules, with review possible after Diwali. Delhi temporary licences were capped at 500 and reduced by about half; other NCR States could grant no more than half their 2016 number. (¶¶ 71(5), 71(12))
- All Explosives Rules were to be enforced, modifying inconsistent Sadar Bazar directions. The 2005 noise-pollution restrictions continued, and authorities were to prevent bursting in silence zones extending at least 100 metres from the specified institutions and other declared areas. (¶ 71(1)–(4))
- The prohibition on compounds of antimony, lithium, mercury, arsenic and lead was made absolute, and strontium chromate was prohibited. Fireworks with aluminium, sulphur, potassium and barium could be sold only in PESO-approved composition. Import restrictions were to be enforced. (¶¶ 71(6), 71(9)–(10))
- Further entry of fireworks into Delhi and NCR was prohibited until further orders; permanent licensees could sell existing regional stock or move it outside. For the 2018 festivals, a proposed 50% quantity limit was subject to objections within 30 days and determination thereafter; absent objections it would become absolute. (¶¶ 71(11), 71(13))
- Education authorities were to formulate school-awareness plans within 15 days. CPCB and FDRC were to study ambient standards, with definite standards due by 30 September 2017; a CPCB-chaired expert committee was appointed to study health impacts and report preferably by 31 December 2017. Medical advisories and community displays were to be considered. (¶¶ 71(7)–(8), 71(14)–(16))
Result
I.A. No. 52448 of 2017 disposed of with temporary lifting of permanent-licence suspension and detailed regulatory, educational and research directions.