Role of Judiciary in banning the use of firecrackers during Diwali and Other Festivals

By Garima Bairagi

India & Its Festivals

 India is one of the largest countries in the world and it has a diverse culture and religions. Due to its diversity, we have so many festivals and we celebrate them with great enthusiasm. Different religions in India celebrate different festivals which makes India a land of celebrations. Diwali is one of the major festivals in India which is celebrated in the whole of India by the people of every culture and religion. It is the festival of light and firecrackers play an important role in it. But the use of firecrackers has always been a major issue it. Generally, some people argue that firecrackers should not be used on Diwali because it creates heavy pollution while some people say that using firecrackers is an essential part of the festival.

Impact of Using Firecrackers

Every year after Diwali, the overall air quality of the country reduces and turns the level of air quality to moderate or severe. The pollution in India is increasing at an alarming rate due to this the government and also the public at large are now focusing more on how to manage the level of pollution in the country. Therefore mostly the festivals like Diwali are targeted by some people and they Solely blame the festival for the increased amount of pollution. This results in banning the use of firecrackers at the time of festivals. Generally, people think that banning firecrackers at the time of festivals will end the problem but firecrackers are not the only main reason for the increased amount of air pollution. Firecrackers are used in every kind of occasion; their use is not restricted to festivals only, so banning the use of firecrackers at the time of festivals, may not go that well.

Impact of Banning Firecracker on Common People

When we think of a ban on any kind of thing we also need to understand the impact that the ban will cause on common people because industries like these are the main source of income for many families in India. By banning firecrackers the lives of such people are at risk of being exploited because industries like firecrackers also contribute to our economy and banning these industries can have a very bad consequence on the lives of workers in the industry as well as on the economy. While taking decisions on such issues we do need to keep in mind the situation of these such people also. If we are imposing a ban on any kind of firecrackers then the manufacturer, as well as the seller both, will have to suffer irreplaceable losses which in a result can cause the shut down of the industry.

Role of Judiciary

The main function of the judiciary is to interpret (explain or clarify) and apply the law to specific cases. To apply any law a proper understanding and knowledge of the law is needed. Therefore the judiciary is an important element in our democracy.

Recently also many arguments were made in the Supreme Court regarding the ban on firecrackers in which the court also ruled out that by “imposing a ban on firecrackers we are not targeting any particular community or religion but we are here to safeguard the fundamental rights of the citizens of the country”. The decision on ban was done taking into consideration all the pros and cons of the situation and how it will affect the common citizen of the country. The prime focus of the supreme court is the right to life of innocent citizens. Our Capital Delhi is the most suffered state due to the use of firecrackers. The pollution level becomes severe in Delhi during the time of festivals which is causing many problems for the common people there and is infringing their right to life. The ban on firecrackers is not absolute. People can still use green crackers for their celebration purpose. The role of the judiciary here is to safeguard the basic rights of the citizens and to live a healthy life under it, to make the air clean the ban is imposed. The decision was done by understanding both the sides the first of the manufacturer and seller and their livelihood because they are completely dependent on the sale of firecrackers, and also the second side of the common citizen of the country who are also getting exploited due to the defected quality of the air that they are breathing. The Judiciary has the responsibility of every citizen of the country whether it is the manufacturer or the consumer or the common people. So the decision needs to be balanced as such it should work well with all the citizens of the country and no one should feel discriminated against just because of the decision.

 During the festivals and the celebration, there was mass defiance of the order of the supreme court. It has raised so many questions and problems that the people now are defying the orders set by prestigious authorities like the judiciary. It has somehow impacted the honor of the court. The role of legislation and the executive is also now under question, how and why are they failing to implement the rules set up by the court. The working of all of them goes hand in hand and they are dependent on each other. It was the duty of the executive to monitor and implement the orders made by the judiciary. The responsibility of the common man is on the shoulders of all the three organs of the government and they have to work according to the rules and manners. 

The decision of the court may have affected the people of some community or class but we need to keep in check the balance of it so that no one has to suffer in this and also the point to keep in mind is that the ban is partial in nature and we still have many green crackers for our celebration purpose because the use of firecrackers is one of the component in the increasing pollution and not the only reason for it.  The main reason for the ban is the increased amount of pollution in the Capital Region and the north part of the country mainly, firecrackers are used on almost every occasion but they are mainly noticed in the major festivals because then at the same time almost all of the country is using them so it suddenly increases the air pollution. Keeping all these things in mind the Supreme Court has ruled this to make sure that the health of the people is not getting damaged.