VidhiSangh

Supreme Court of India · 23/10/2018

ARJUN GOPAL AND OTHERS versus UNION OF INDIA AND OTHERS

[2018] 13 S.C.R. 464 · 2018 INSC 981

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Summary

In this 2018 order, the Supreme Court regulated fireworks through reduced-emission and green crackers, licensed sales, chemical and noise restrictions, and designated hours. It prohibited joined crackers, barium salts and online sales, with additional directions for Delhi/NCR, monitoring and enforcement. The Court applied the precautionary principle while reserving conclusive determination of trade, religious-practice and economic objections. Interlocutory applications were disposed of; the writ petitions remained pending.

Issues

  1. Whether scientific uncertainty and other pollution sources prevented regulation of fireworks.
  2. What interim restrictions would balance health protection and competing interests.
  3. Which directions applied nationwide and which specifically addressed Delhi/NCR.

Held

Result

Directions issued regulating manufacture, sale and use of fireworks. Interlocutory applications disposed of; writ petitions retained and listed for 11 December 2018. Constitutional and economic objections to a total ban were not conclusively determined.

Judgment PDF: Supreme Court of India, [2018] 13 S.C.R. 464.