'Arresting People For Bursting Crackers Not A Solution, Go After Businesses Making It': SC Tells Police Ahead Of Diwali

The Supreme Court of India, in a statement released on 14 September, has shared its views on the use of firecrackers during festivals like Diwali.

The court has stressed that merely taking legal action against individuals for using firecrackers may not be the best way to deal with the health and environmental problems caused by fireworks.

A Special Bench led by Justice A S Bopanna and Justice M M Sundresh has advised the Delhi police that prosecuting individuals for bursting firecrackers might not be the most effective solution.

Instead, it's important to find out where these firecrackers are coming from and take steps to stop their distribution and use.

The court's statement was made in response to a report submitted by Additional Solicitor General Aishwarya Bhati, who represents the Delhi Police.

The report provided a grim picture of the issue, highlighting the number of cases filed against the sale, storage, and use of firecrackers, as well as the number of arrests made.

According to police data, a total of 926 cases were registered for selling and storing firecrackers, and a staggering 3,120 cases were filed for bursting crackers from 2016 to 31 August, 2023.

Additionally, 2,616 individuals were arrested for bursting crackers, and 740 were apprehended for their involvement in selling and storing firecrackers.

Senior advocate Gopal Sankaranarayanan, acting as amicus curiae, has pointed out that firecrackers often make their way into the national capital, especially in the lead-up to the Deepavali season in November.

The Delhi police are well aware of the need to prevent the sale, storage, and use of fireworks. To address this issue, they have set up flying squads led by district police chiefs, which have already taken action by seizing and sealing unauthorised stocks.

Bhati reaffirmed the Delhi police's commitment to addressing the issue of fireworks but stressed the limitations of the enforcement process.

Justice Sundresh echoed these sentiments, emphasising the importance of discovering the methods used by wrongdoers rather than taking action only after the damage is done.

In a previous hearing, Bhati, representing the Petroleum and Explosives Safety Organisation (PESO), stated that the government entity was actively working to expedite the use of environmentally friendly fireworks, often referred to as 'green crackers'.

Green crackers are designed to have a minimal impact on the environment and reduce air pollution. According to an affidavit filed by PESO, government-authorised fireworks manufacturers have been instructed to comply with the Supreme Court's directives on using green crackers.

The Supreme Court's statement underscores the need for a comprehensive approach to tackle the firecracker issue. It's not just about legal action against individuals; it's also about preventing their sale and distribution.