Case Note & Summary
Arjun Gopal and other petitioners filed a public interest litigation under Article 32 of the Constitution before the Supreme Court of India, seeking a ban on the use of fireworks, sparklers, and minor explosives during festivals to curb air pollution. In November 2016, Diwali celebrations led to alarmingly high levels of PM2.5 in Delhi and the National Capital Region (NCR), with the Air Quality Index crossing 700 on some days—far exceeding the National Ambient Air Quality Standards under Schedule VII of the Environment (Protection) Rules, 1986, and World Health Organization guidelines. Acting on the urgent concern, the Supreme Court passed an interim order on 11 November 2016, suspending all licences for the wholesale and retail sale of fireworks in the NCR and directing the Central Pollution Control Board (CPCB) to study the harmful effects of materials used in fireworks. The fireworks industry, primarily located in Sivakasi, Tamil Nadu, moved an application (I.A. No. 52448 of 2017) in July 2017 seeking modification or vacation of that interim order. The applicants contended that fireworks were not a major contributor to air pollution. They relied on a National Green Tribunal order from 10 November 2016, which listed seven major sources of air pollution in the NCR—construction activity, burning of municipal solid waste, burning of agricultural residue, vehicular pollution, road dust, industrial and power house emissions, and emissions from hot-mix plants and stone crushers—without mentioning fireworks. An IIT-Kanpur study submitted to the Delhi Government in January 2016 also indicated that bursting of fireworks was not a source of PM2.5. The applicants further argued that meteorological factors such as poor wind speed, temperature inversion, and crop stubble burning in Punjab, Haryana and even Pakistan significantly contributed to the smog. They pointed out that high PM2.5 levels persisted long after Diwali, suggesting that the transient use of fireworks could not be the main cause. Moreover, the Delhi Pollution Control Committee had already issued a direction under the Air (Prevention and Control of Pollution) Act, 1981, banning the bursting of fireworks at all times except on religious occasions. The suspension of sales, they argued, had caused severe economic hardship to an industry employing about 2 lakh people directly and 3 lakhs indirectly. On the other hand, the petitioners submitted that the chemicals used in fireworks have serious and deleterious health effects, particularly on children, and that the interim ban should continue in the interest of public health. During the hearing, the Supreme Court acknowledged that all parties accepted bursting of fireworks as one of the causes of air pollution in the NCR, even if not the sole factor. The Court also noted that the CPCB had not submitted its report on harmful effects despite the earlier direction. The matter was heard at length, and on 31 July 2017, after hearing counsel and experts from CPCB and the Explosives Department, the Court passed an order. However, the provided excerpt of the judgment does not contain the final terms of that order or the Court’s conclusive reasoning. Therefore, the ultimate decision and ratio decidendi remain unknown from the text supplied.
Headnote
A) Environmental Law - Air Pollution - Regulation of Fireworks - Environment (Protection) Rules, 1986, Schedule VII; Air (Prevention and Control of Pollution) Act, 1981 - Post-Diwali 2016, PM2.5 levels in Delhi crossed 700 µg/m³, far exceeding statutory limits. The court suspended all licences for sale of fireworks in NCR via interim order dated 11.11.2016, noting that fireworks are a cause of air pollution, though not necessarily the sole cause. The application sought modification on the ground that fireworks have only a temporary impact and other factors like crop burning and vehicular pollution are major contributors. (Paras 3-6, 10, 15-16) B) Civil Procedure - Interim Orders - Modification/Vacation - Supreme Court Rules, 2013 - The applicant-manufacturers sought vacation of the suspension order citing economic hardship (employment of 2 lakh direct and 3 lakh indirect workers) and absence of fireworks from the NGT’s list of seven major pollution sources. They also relied on an IIT-Kanpur study stating that bursting of fireworks is not a source of PM2.5. The court heard arguments but the terms of the final order passed on 31.07.2017 are not provided in the excerpt. (Paras 8-14, 16)
Issue of Consideration
Whether the interim order dated 11.11.2016 suspending licenses for sale of fireworks in NCR should be modified or vacated; Whether a complete ban on the use of fireworks during festivals and otherwise should be imposed under Article 32 of the Constitution.
Final Decision
Decision not clearly stated
Law Points
- Legal points not extracted
