Directions Regulating Firecrackers Apply To All States In Country, Not Just Delhi : Supreme Court

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• In September this year, the Apex Court had rejected an application filed by a firecracker manufacturers' association known as TANFAMA, to include barium with improved formulations in green crackers

• The Supreme Court on Tuesday (07.11.2023) clarified that its earlier directions against the use of barium and banned chemicals in firecrackers are applicable across the country, binding all states and not just the Delhi-National Capital Region

• In 2021, the Supreme Court had passed a slew of directions to ensure that banned chemicals are not used in crackers ahead of Diwali. The bench had also clarified that there is no total ban on firecrackers and that only those firecrackers were banned that contained barium salts. Green crackers are permissible following the directions issued by the Supreme Court in 2018

• if it was found that any banned firecrackers are manufactured, sold and used in any particular area, the Chief Secretary of the concerned State(s), the Secretary (Homes) of the concerned State(s) and the Commissioner of Police of the concerned area, District Superintendent of Police of the concerned area and the SHO/Police Officer in-charge of the concerned police station would be held personally liable

• The bench had directed the States/Union Territories to see that its directions are strictly complied with in its true spirit and in toto

• The Court had clarified that the earlier orders passed by it banning the use of barium-based chemicals in fire crackers would prevail

• With the new formulation, the emission of particulate matter would be reduced by 30% and would hence qualify as a green cracker, the association had claimed

• petition was filed in 2015

• In October 2018, Supreme Court had ruled against imposing complete ban on firecrackers but said that only less polluting green crackers can be sold, that too only through licensed traders

• The Court had banned online sale of firecrackers, restraining e-commerce websites from carrying out its sale

• issued a series of directions to ensure the strict implementation of its earlier orders banning the use of barium-based chemicals in fire crackers and allowing only the use of "green crackers"