We all know that the pollution in Delhi around this year is terrible and that the toxic fumes from firecrackers worsens an already terrible situation. In a bid to curb the terrible pollution levels that engulf the national capital region around the time of Diwali, the Supreme Court has ordered a ban on the sale of fire crackers in and around New Delhi. The ban is to continue beyond Diwali, which is on 19th October this year and sale will be curtailed till 1 November. Here is why I think the ban is not a good idea:
Admittedly, there are very many, very good reasons to ban firecrackers. They are dangerous and often cause tragic accidents. They create a lot of pollution. At a time when the cooler air already results in the first smogs preceding winter, firecrackers add significantly to the problem.
The noise of the fire crackers is also a terrible problem – for older people, animals, sick people or for children with exams to study for. Firecrackers are terrible waste of money as well; most people who are not children will agree. People with asthma and respiratory ailments also suffer as a result of firecrackers.
I admit that I loved firecrackers as a child and even now, the sight of a phoo-jhadi or an anaar does gladden the heart and make me feel all festive. But this is not the reason that I believe the ban to be wrong. There are other reasons why I think banning firecrackers is not right; isn't even a solution:
This is judicial overreach. Telling citizens how to celebrate a festival is not the job of the Supreme Court. One could argue that firecrackers are not the real way to celebrate the festival of lights; that there are other, better ways to celebrate. But again it is not up to the highest court in the land to involve itself with such issues.
The ban is issued under Article 142 which is meant to be invoked only in exceptional circumstance; in recent times there have been calls for judicial restraint in terms of how and how often this constitutional provision in invoked.
This ban is also troubling because it sets a precedent for other bans and demands for bans that people will put forth: based on personal reasons, health reasons, religious observances, hobbies and beliefs. This is the sort of interference in personal matters that citizens have to be very wary of. If the SC thought that boxing or bungee jumping is too dangerous to be allowed, will the sport be banned? If it is perceived that extra lights and diyas also add to pollution and carbon emissions is it OK to ban these as well? Vehicles cause air pollution 365 days a year but these cannot be banned either.
The ban has a very serious impact on those involved in the manufacture and sale of firecrackers. Thousands of traders and shop owners, workers will be impacted by this decision. There could be losses of up to Rs 1,000 crore and significant job losses as well. This ban has implications for similar bans in other cities as well, fear traders and manufacturers.
What ban in India has ever worked efficiently to cut out the problem that it is meant to curb? Few, if any bans work in India because we Indians are extremely jugaadu; we delight in bending the law and always manage to find a way around legal curbs.
The SC order only bans sale of firecrackers within the Delhi region, not their use. So if people want to travel outside the city buy crackers and then return home and burst them; they are free to do so. To think that the cracker ban will have noticeable impacts on air and noise pollution may be rather an optimistic expectation.
There is also the fact that there is no credible study to indicate the actual environmental impact of firecrackers. It is a fact that the air pollution around Diwali time is terrible; but how much of the pollution owes itself to firecrackers? There is no reliable data to clarify this point; so there is nothing to suggest that the ban will have a credible, noticeable impact on pollution levels which the crop stubble burning in fields, garbage burning, vehicular emissions and the weather all contribute to.
A lot of children will be heartbroken if they don’t get to enjoy Diwali the way they look forward to all year. Will the possible benefits outweigh the certain downsides to banning fireworks? Is it worthwhile?
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