No total ban on use of firecrackers, fireworks containing Barium salts prohibited: SC

The Supreme Court Friday clarified that there is no total ban on the use of firecrackers and only those fireworks which contain Barium salts are prohibited.

A bench of Justices M R Shah and A S Bopanna said however that no authority can be permitted the 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 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 top court said.

It 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.

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