Calcutta HC bans all fireworks till year-end – Times of India

Kolkata News

KOLKATA: The Calcutta High Court on Friday issued a blanket ban on fireworks — whether light- or sound-emitting — till the end of the year for the second year on the trot, overriding an order issued by the state pollution control board two days ago that allowed green crackers for two hours during Kali Puja, Diwali and Chhath Puja and 35 minutes on Christmas and New Year’s Eve.
Only wax- or oil-based diyas or earthen lamps will be permitted.
The state fireworks association said it would move the Supreme Court against the order.
Reimposing the cracker ban that the court had announced last year as well — on account of the pandemic, during which increased air pollution can lead to serious complications in Covid patients suffering from respiratory distress — the Calcutta High Court vacation bench of justices Sabyasachi Bhattacharyya and Aniruddha Roy remarked that a blanket ban was being imposed keeping in mind practical realities, as there was no mechanism in place to ascertain whether a cracker being sold, burst or lit complied with norms and qualified to be termed a “green cracker”.
State advocate general S N Mookherjee, along with state pollution control board lawyer N C Bihani and lawyers representing firecracker manufacturers, contended that the National Green Tribunal, as well as the Supreme Court, had permitted the use of green crackers for a few hours of the day. Srijib Chakraborty, counsel for firecrackers manufacturers’ association, further submitted that if certified green crackers were also banned, it would amount to huge losses for the industry that had invested heavily — both money and human resources — in manufacturing green crackers for this year’s festival season.
The vacation bench, however, rejected the appeal, pointing out that it would be an impossible task for the police to ascertain the veracity of the certificates of crackers, irrespective of the classification under which they were sold. “Leaving the window open for the use of green crackers would positively entail abundant abuse of such a window,” the order said, adding, “Keeping in mind the present pandemic situation and in view of the fact that even moderate dip in air quality can cause severe difficulties for people suffering from respiratory problems and long exposure may also affect otherwise healthy people, we are not convinced that firecrackers of any form, either green or of any other category, ought to be permitted during the coming festive season.”
The fireworks ban would cover all festivals this year, including Chhath, Jagaddharti Puja, Guru Nanak’s birthday, Christmas and New Year’s Eve.
Friday’s order specifically mentions that its ban would cover all types of fireworks, whether they emit sound or light or both when burst, lit or burned. “The state should ensure there is no use or display or bursting of firecrackers of any type during celebrations. Only wax- or oil-based diyas or earthen lamps can be used,” the court said.
The HC also made it clear that the green cracker norms were “not under challenge before us”. It was more concerned about attempts to pass of polluting crackers as “green crackers” and the enforcement of green cracker norms, it clarified.
In 2020, too, the HC had banned firecrackers ahead of Kali Puja to curb pollution amid the pandemic. The state government had also appealed to citizens to avoid bursting firecrackers to check air pollution.
Environmentalists and doctors lauded the order. Pointing out that crackers emit sulphur dioxide, various oxides of nitrogen, carbon monoxide and carbon dioxide, all of which affect the lungs, they said the use of fireworks could have significantly increased the risk of Covid attacks, as SO2 directly irritates the respiratory system, while oxides of nitrogen enhance oxidative stress and erode the protective mucosal layer of the lungs.
Diptendra Sarkar, professor, Institute of Post-Graduate Medical Education & Research (IPGMER), said: “The ban on firecrackers will have both direct and indirect benefits. First, it will reduce gatherings and prevent transmission at a time Covid numbers are rising. Secondly, it will help those suffering from Covid by reducing pollution, which is harmful for the lungs. Many of them have cardiac ailments as well, which is accentuated by firecrackers.”
The firecracker industry expressed dismay. “We will move Supreme Court to protect the industry and 33 lakh workers, whose life and livelihood is at stake,” said Sara Bangla Atashbaji Unnayan Samity chairman Babla Roy.

Source: https://timesofindia.indiatimes.com/city/kolkata/cal-hc-bans-all-fireworks-till-yr-end/articleshow/87379741.cms