Firecracker Ban in NCR

Why in news?

Supreme Court recently reinstated the 2016 temproary ban on the sale of fireworks in Delhi-NCR

What are the criticisims against the judgment?

• Judicial overreach - SC’s judgment was driven primarily by concerns around air quality.
• But it is to be noted that matters concerning policy and its implementation are best left to the legislature & executive.
• The courts should ideally be stepping in only when there is neglect.
• As the governments are already working to stop polluting practices, SC’s intervention is seen as a problematic overstep.
• Previous experience - The 2015 verdict that banned stubble burning in Punjab  has proven ineffective.
• The governments concerned still stumble to implement the same due to their inability to get farmers on board.
• Only alternative approaches like making stubble itself a renumerative commodity have contributed to reduced burning, not the ban.
• Rationality - Much bigger factors like vehicular pollution, industries and unpaved roads factors contribute more to the disastrous air quality of Delhi.
• So the focus on fireworks alone seems disproportionate.

What could be fallouts of the ban?

• An outright ban may alienate people who are in the mood for a good celebration.
• Coming just 10 days before the festival, it will be tough to impose the ban on an industry that has already produced stocks.
• This might drive sales in black markets at inflated prices.
• The ban will also harm the livelihoods of numerous people involved in the fire-cracker supply chain. 

What could be the way forward?

• Instead of ban, there should be a persuasive approach to give up the practise.
• Holistic solutuions that backed by sustained policy initiatives are needed to address multi-dimensional issues like pollution.
• Innovative ideas bagged by vigourous campaigns are needed to help people shift to eco-friendly ways.

SC’s previous views on cracker ban

• 2015 Verdict - A case seeking ban crackers throughout India was filed.  
• It highlighted the health hazards & environmental impact of crackers.
• But SC categorically refused to ban people from bursting firecrackers.
• The court felt that it might be "dangerous" to infringe into the common man's right to enjoy his religious festivities.
• Nevertheless, it ordered for time stipulations (10pm – 6am).
• 2016 verdict -  The 2016 case sought a cracker ban specific to Delhi NCR.
• The court imposed a ban in the wake of increased particulate matter concentration in the lower atmosphere above Delhi.

Source: Indian Express, The Hindu