Case Note & Summary
This public interest litigation under Article 32 of the Constitution was filed by Arjun Gopal and others seeking a complete ban on the use of fireworks, sparklers, and minor explosives during festivals or otherwise to prevent air pollution in the National Capital Region (NCR). The case also involved consideration under the Explosives Act, 1884 and the Explosives Rules, 2008. After Diwali was celebrated on 30 October 2016, PM2.5 levels in Delhi crossed 700 µg/m3, among the highest globally and about 29 times above World Health Organization standards. Noting the severe air pollution that caused respiratory illnesses and the reference to statutory standards under Schedule VII of the Environment (Protection) Rules, 1986, the Supreme Court on 11 November 2016 passed an interim order suspending all licenses permitting sale of fireworks within NCR until further orders. The Central Pollution Control Board was directed to study harmful effects of materials used in fireworks and submit a report within three months, but no report was furnished. A fireworks manufacturer from Sivakasi, supported by other manufacturers and suppliers, filed I.A. No. 52448 of 2017 on or about 5 July 2017 seeking modification or vacation of the interim order. The applicant argued that 821 fireworks industries in and around Sivakasi employ about 2 lakh people directly and 3 lakh indirectly; that the National Green Tribunal in its order dated 10 November 2016 identified seven major contributors to air pollution in NCR, none of which were fireworks; and that a 2016 IIT-Kanpur study did not list fireworks as a source of PM2.5. However, all parties accepted that fireworks are certainly one of the causes of air pollution. The Court considered these arguments while noting the economic impact and the need to balance environmental and health concerns. The judgment excerpt provided does not contain a final decision on the application, as the text ends mid-sentence. The interim suspension remains in force pending further consideration.
Headnote
A) Environmental Law - Air Pollution - Fireworks and PM2.5 Levels - Environment (Protection) Rules, 1986, Schedule VII - Post-Diwali 2016, PM2.5 levels in Delhi exceeded 700 µg/m3, about 29 times above WHO standards; the Court suspended all fireworks sale licenses in NCR to prevent further pollution; Held that interim protection was necessary pending CPCB report (Paras 3-7). B) Constitutional Law - Public Interest Litigation - Article 32 - Maintainability - Constitution of India, Article 32 - Petitioners sought a complete ban on use of fireworks under Article 32; the Court considered the petition from perspectives of air pollution prevention and Explosives Act/Rules (Paras 1-2). C) Administrative Law - Interim Orders - Modification of Interim Order - Explosives Act, 1884; Explosives Rules, 2008 - Applicant fireworks manufacturers sought modification of suspension order citing employment of 5 lakh people and NGT/IIT-K findings that fireworks are not a major pollution source; all parties accepted fireworks as one cause of air pollution; Held that the application required balancing of competing interests (Paras 8-11).
Issue of Consideration
Whether the interim order dated 11.11.2016 suspending sale of fireworks in NCR should be modified or vacated
Final Decision
Decision not clearly stated
Law Points
- Legal points not extracted
- Air pollution standards under Environment (Protection) Rules
- 1986 Schedule VII
- Explosives Act
- 1884 and Explosives Rules
- 2008
- Regulation of fireworks sale to prevent air pollution
- Public interest litigation under Article 32 for ban on use of fireworks
- Interim relief in environmental PIL
