‘Academic Exercise’: Supreme Court Questions Compliance With Delhi-NCR Firecracker Ban

‘Academic Exercise’: Supreme Court Questions Compliance With Delhi-NCR Firecracker Ban

The Supreme Court on Wednesday reserved its order on whether firecrackers should remain banned in Delhi-NCR during Diwali this year, observing that its directions on the issue are violated more often than they are followed.

A Bench of Justices MM Sundresh and PB Varale said it was time to explore “something new and innovative” to tackle air pollution, noting that repeated judicial orders had failed to ensure effective compliance.

“Every year, we pass orders on the issue. For us, it has now become an academic exercise. Our orders are violated more often than they are followed,” the Bench observed.

The judges stressed that tackling pollution required action beyond court orders, particularly through awareness among children and the younger generation.

“We have to send a message here. My little experience is — the present generation is a little sceptical. The earlier generation wants to celebrate. We have to see beyond. We will pass a balanced order, but the question is how far it is implemented,” Justice Sundresh remarked.

The Bench also questioned the government over its failure to submit a compliance report pursuant to the Supreme Court's previous order on the issue.

It said the report should have detailed the enforcement teams deployed, inspections conducted, locations visited, dates of visits and data collected.

The court further sought details of the sale of Chinese firecrackers and the action taken against those involved in their sale, emphasising that a ban would serve little purpose without an effective enforcement mechanism.

“I feel our orders are followed more in breach,” Justice Sundresh said, adding that the court wanted details of prosecutions and action taken against violators.

“Every year we pass orders and it is not followed. Let us pull up our socks. We will not be here next year,” he remarked.

When Additional Solicitor General Aishwaria Bhati submitted that a complete ban was not the solution either, the Bench observed that Diwali should be celebrated as a festival of lights.

“Diwali is a festival, we should enjoy it as a festival of lights,” the court said.

The judges also suggested involving schools and prominent personalities, particularly sports figures such as Virat Kohli, in campaigns to raise awareness about pollution and sensitise people to the harmful effects of firecrackers.

The Bench indicated that educational authorities could be directed to introduce awareness initiatives for children, stressing that long-term behavioural change was essential to address the pollution problem.

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