The Supreme Court on Friday, October 29, said that it will come down strictly on those using, manufacturing and selling firecrackers that are injurious to health, ahead of the festival season. The court clarified that there is no total ban on use of firecrackers, and that only those fireworks which contain Barium salts are prohibited. A bench of Justices MR Shah and AS Bopanna said, however, that no authority can be permitted violation of the directions issued by it and allow banned firecrackers under the guise of celebration.
The apex court further asserted that celebration cannot be at the cost of the other's health. "Under the guise of celebration, nobody can be permitted to infringe the right to health of others, guaranteed under Article 21 of the Constitution of India and nobody can be permitted to play with the life of the others, more particularly the senior citizens and the children," it said.
"It is made clear that there is no total ban on use of firecrackers. Only those firecrackers are banned, as directed hereinabove, which are found to be injurious to health and affecting the health of the citizens, more particularly the senior citizens and the children," the bench said. "Any lapse on part of states, agencies and UTs in implementing a ban on firecrackers shall be viewed very seriously," the Supreme Court bench added.
It further directed all the states/Union Territories to give due publicity through electronic/print media and local cable services, to make the people aware of the directions issued by the court on the manufacture, use and sale of banned firecrackers. The bench also said that if banned firecrackers are used, sold or manufactured in any area, the Chief Secretary of the particular state, along with the Commissioner of Police, District Superintendent of Police and Station House Officer of the particular area would be held personally responsible, according to LiveLaw.
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