Cannot Allow The New Formula For Firecrackers Even If It Emits 30% Less Pollution- Sc

Dated on 22.09.2023, the Supreme Court rejected an application in Arjun Gopal v Union of India, seeking permission to include reduced quantities of barium nitrate in the firecrackers. The application was filed after the Apex Court passed a judgement in the year 2019, disallowing the use of barium salts in firecrackers.

Facts of the case

• The said application was filed by an association of firecracker manufacturers TANFAMA who sought the permission to use a reduced quantity of the Barium Nitrate in firecrackers as has been suggested by the CSIR-NEERI (National ENvironmental Engineering research Institute), Ministry of Environment Safety Organisation and approved by PESO (Petroleum and Explosives Safety Organisation).
• The applicant claimed that with new formula, emission of the particulate matter would be reduced by 30%, therefore it is qualified as a green cracker.
• It was contended by the parties that the new formula containing barium has been approved by PESO, as the said formula contains Barium Nitrate is an organic compound used around the world which the most safe and stable oxidiser. Also, it was brought to the notice of the court that no other country in the world has banned use of Barium Nitrate in firecrackers.  
• On the other hand, Amicus Curiae Sr. Adv. Gopal Shankarnarayan mentioned the serious health hazards caused by the barium nitrate during his submissions.
• Previously a writ was filed by Arjun Gopal, Aarav Bhandari and Zoya Rao Bhasin (aged between 6 months to 14 months old at the time) through their legal guardians in the year 2015, to seek a complete ban on the use of firecrackers, sparklers and explosives during the festivals.
• In october 2018, the Apex Court held against a complete ban on the firecrackers but limited it to using only green crackers through licenced traders only. The Court also restrained the e-commerce websites from selling firecrackers online. Even the duration for bursting crackers was limited, allowing to burst them only in certain areas. 

Judgement of the court

• The Supreme Court observed that if the application is allowed it would be a retrograde step in comparison to other steps taken by the Court for curbing the harmful effect of barium contained firecrackers.
• The Court held that a further research could be made to find other formulas for firecrackers with less harmful effects to the health and environment. 
• It was observed by the Court that various orders have been passed in previous cases where the use of Barium Nitrate was banned due to high level of air pollution.  
• It was also held by the Bench of Justices MR Shah and AS Bopanna, that CSIR-NEERI, PESO and MoEF should take into account the effects on the health caused by the particulate matter released by the fire crackers, even if the new formula guarantees a reduced amount of emission.
• The Court was of the view that there is scope for much more reduction of the use of oxidisers which shall help reduce the use of particulate matter in the firecrackers. The Court observed that the manufacturers thus, would have to manufacture with the other permissible variety without barium.

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