6 men & 3 babies: Seniors Kapil, KKV, AMS argue for 3 tots in firecracker ban plea, now seek makers

Find some cracker dealers, SC tells seniors
Find some cracker dealers, SC tells seniors

The Supreme Court on Thursday sought response from the central and Delhi governments on a plea filed by three lawyers seeking ban on the sale and bursting of firecrackers during the festival of Dussehra and Diwali because it further aggravates the already dangerous level of air pollution.

Besides the governments, notice was also issued to the Central Pollution Control Board (CPCB), Delhi Pollution Control Board (DPCB) and Delhi Police on a petition by three toddlers.

Three toddlers - six-month-old Arjun Gopal and Aarav Bhandari and 14-month-old Zoya Rao Bhasin - have told the apex court via their fathers (Supreme Court advocate Gopal Sankaranarayanan, advocate Amit Bhandari, who works with senior counsel Abhishek Manu Singhvi, and Trilegal partner Saurabh Bhasin) that their lungs are not yet fully developed and the large-scale bursting of firecrackers during the festival season of Dussehra and Diwali would further aggravate the already polluted air and will be seriously detrimental to their health.

The three toddlers have moved the apex court through their lawyer fathers.

Addressing a bench of Chief Justice HL Dattu, Justice Arun Mishra and Justice Adarsh Kumar Goel, senior counsel Kapil Sibal, appearing for one of the three petitioners, said that the issues involved required immediate and long term solutions.

Telling the court that all children should not look like ninjas - a word used by Chief Justice Dattu for describing his grandson who wears a mask to protect himself from air pollution - Sibal said that “40 percent of the children suffer from some kind of respiratory problem”.

As court gave the governments, the pollution control agencies and Delhi Police one week’s time to respond to the notice, Sibal said: “Let Delhi government come forward with a scheme to address the situation for a short term relief.”

As senior counsel KK Venugopal told the court that during festival season of Dussehra and Diwali, smoke covers the entire city, Sibal said: “We are all very concerned for the children of this country and their future.”

Appearing for another toddler petitioner, senior counsel Abhishek Manu Singhvi told the court that Delhi government has collected Rs 387 crore for dealing with ever-increasing pollution but 87 percent of this amount remains unspent.

While issuing the notice, the court made it clear that matter would require impleading the association of firecrackers manufacturers as respondent.

Sibal told the court from internet, they could find only one Tamil Nadu-based association of manufacturers.

Comments

Moron, Oxymoron 9 Oct 2015, 05:02
+16 -4
Just thinking aloud if the babies could ask their daddies if they drive down to work all year long, sit in HCFCs spewing air-conditioned offices and then worry about one day of celebrations?

Not a supporter of this pageantry resulting in ostentatious display of wealth and additional burden on the already-suffering environment. However, have a problem with preaching what one is not practicing.
Prachishrivastava 9 Oct 2015, 05:38
+8 -9
ACS and cars are a lesser evil just going by their purposes, all other factors ignored.

With the amount of factory workers (and child laborers) the production of firecrackers harms for a product that is literally being combusted to produce nothing but noise and smoke which tortures animals, babies, aged and sick people at the very least...is not just an annoyance but is a very real risk to the lives of people around it celebrating Diwali wearing synthetic clothing... I am shocked all over again each year how this inanity has continued for this long.
Moron, Oxymoron 9 Oct 2015, 16:33
+5 -2
But 'purpose' can never be used to justify something as lesser of the evil, especially during this dire state of environmental health. The so called 'purpose' (atleast for the cars) gets diluted all the more with advent of a robust and reliable public transportation in Delhi NCR.

And let's not be quick to judge that crackers serve no 'purpose'. Might face flak for this thought, but crackers on Diwali are now symbol and mix of tradition, culture, a bit of mythology topped with loads of nostalgia.Imagine a silent, soundless Diwali? *cringe* All that banter about being with family and having a good time and yada yada just seem a little less joyous. What all we have to further let go of in coming days cz need of the hour calls for so? :(
Patakhewala 10 Oct 2015, 03:38
+7 -1
Solution is impose environment tax on crackers like taxes imposed on polluting vehicles, but please don't ban crackers.
KnowTheTruth 13 Oct 2015, 15:11
+2 -0
agree. Higher taxes are required to discourage people from blowing out their fortunes. Additionally, we should adopt the model that many developed countries have- where local/municipal bodies organize the fireworks at a public ground at their expense. That way people will not feel they are missing something. Besides, this is safer than bursting crackers on every street.
KnowTheTruth 14 Oct 2015, 07:19
+1 -0
Absolutely. It appears that the govt does not want to upset the manufacturers based at Sivakasi, while people's safety is left to the people. If you want to be safe, don't light fireworks. The problem is you can't be safe when everybody around you is bursting bombs. And fireworks are not limited to just Diwali/Dassera. Many pompous weddings, political wins/gatherings, personal occasions are graced by the thundering of fireworks. While many countries ban the use of fireworks, why are we so behind on this count? Can someone gather data about people directly injured/killed by fireworks? Why do schools don't take initiative to educate children, and raise awareness by means of signature campaigns? (e.g.A school in my city celebrates meatless day on their founder's birthday and the school children go around their neighbourhood getting people signed in to abstain from meat on that day.). I think such campaigns don't cost anything and can bring in awareness, and change over the long term. But no initiative is visible on this front.
Guest 9 Oct 2015, 10:16
+0 -0
Does not Gopal Sankaranarayanan work with KKV?
Rupa 10 Oct 2015, 15:53
+0 -0
Ya but as independent presence unlike Bhandari
Self Serving 9 Oct 2015, 10:51
+5 -0
Both before becoming CJI and after, Dattu has thrown out a majority of Art. 32 petitions, asking everyone to go the High Court first. It doesnt matter if the directions sought involved all states or an important issue of law or even corruption amounts the judges of that high court itself, he has tended to dismiss. Though I personally think that the Supreme Court should exercise its Art. 32 jurisdiction more often and not relegate itself to an appellate court, it is too much to ask for some consistency? The prayers here are Delhi specific as are the parties. It should have been sent to the High Court as per the CJIs own practice.
Salvage 9 Oct 2015, 17:58
+1 -0
Where's my comment? Coz' I referred to Salve's facile 'solution'? Come on LI, you so scared of the biggies??
kianganz 9 Oct 2015, 18:05
+0 -0
All comments are currently published - looks like it didn't go through.

Could you submit again please?

Thanks
Political drama 10 Oct 2015, 20:27
+0 -0
Why are the fathers making a political drama out of it? Look at the senior counsels and their preferences. Right point about why is this concern not valid when switching on ACS etc. Apparently two of the toddler lives in London.
follow up 12 Oct 2015, 09:27
+1 -4
What is the issue of political drama in this? It is a valid concern for all regarding the actual damage done to the environment during this season due to crackers. And claiming it to be a part of culture doesn't absolve it - a. it wasn't originally part of celebrations; b. even if for many years it has been - some traditions require to be revisited in present context.

As far as cars and other vehicles are concerned, they do require monitoring and there are many requirements (long term solutions) to ensure that there is reduction in number of cars, but that does not absolve the damn crackers causing an equally high amount of pollution.
Just because it is enjoyable does not make it a necessity and it isnt about a day or two since celebrations last for well over a month through which the air becomes unbearable. How callous we are regarding protecting the damn environment.
Moron, Oxymoron 12 Oct 2015, 11:50
+4 -1
Bursting crackers on Diwali is not just another 'tradition' that you can weed out from popular culture. It has become the essence of sorts for Diwali, like it or not. It is like saying do not worship idols during Durga Pujas/Ganesh Chaturthis because their immersion causes water bodies to get polluted. Further it would be great if we come to terms with the realities. An outright ban on crackers will be seen as an extremely unpopular move by the regime. And hence, in all likelihood, no government shall take such a step(They have their election wins to celebrate with crackers too). Hence if the future has to be cracker-free, baby steps should be taken and alternatives should be provided to people. Like bio-degradable idols to be used only for immersion was a way out in the Idol example.

What I also find ridiculous is how can one equate pollution from firecrackers (even if from all over the country) to the emissions from the millions of cars plying on roads all year long? And if I am to agree to your point of 'just because it is enjoyable does not make it a necessity', the same applies to the private vehicles taken by the pseudo-green citizens. Just because they are comfortable, does not make them a necessity.

As far as your observation regarding the celebrations running for over a month is concerned, the same is justified. However, aren't there already restrictions on the same? As far as my knowledge goes, SC has banned bursting of crackers after 10 pm on the Diwali day itself. But, of course, that is hardly implemented. So the problem lies not in the lack of regulation but in the ubiquitous lack of execution.
follow up 13 Oct 2015, 10:58
+2 -3
It is as bad a 'tradition' as immersion of those idols. One harmful thing does not condone the other. The petition chalks out clear evidence regarding it not originally being a part of the 'tradition'.

Your argument is primarily then based on the fact- well what about those other things that affect the environment? Should they not be stopped too? Yes they should! We better wake up to that fact now. Unfortunately like the psuedo green citizens we also have citizens who would critique any move and say lets get done with that before this measure.

Usage of cars is more essential and cannot done away with immediately, it is redundant to argue that the same logic applies to fire crackers. No one is saying that they should'nt monitor and impose stricter emission standards for all cars in any case. Further, using carpooling, improving your public transport and ensuring very heavy costs for using cars including charges if one family has more than a single car may even reduce usage. The problem may still remain with trucks plying heavy goods and causing a lot more emissions than cars do.

However, if you can possibly try and reduce a completely unwarranted and unnecessary source of emissions and pollution, you should. And how does not bursting less after 10 pm help? People will continue to violate such frivolous restrictions.

Your best argument is that blanket bans will be difficult to impose. No one can deny that- but at least its a start and over the years it ll become more rigorous. Else anyways the city goes to the dump..
Moron, Oxymoron 13 Oct 2015, 15:03
+2 -1
So what transpires to be a better alternative is to make it optional like was done for LPG and your #Giveitup campaigns. If your conscience cries out that loud for the environment, do not burst them. The count of people consciously giving up bursting of crackers will give you the answer if the general population sees crackers as 'completely unwarranted and unnecessary'. You cannot bully people to let go of a tradition that is so deeply embedded into the popular and mainstream culture.(regardless of the fact whether or not it was part of the 'original tradition'). I can be environment friendly- not litter, take the public transport etc etc, but if I want to celebrate a one-day festival the way I have always done it- you cannot take that right away from me.

And of course there are citizens who critique any such move, since the move is unreasonable. Not many eyebrows from the general population were raised when commercial vehicles were taxed on entry into the city limits of Delhi, since it was high time that was done.

Further, aren't you contradicting yourself when you say the logic of cars can't apply to firecrackers when it comes to doing away with them immediately but go on to say blanket bans can't be imposed. You mean to say firecrackers can be done away with immediately but without a blanket ban. Eh?

All this boils down to the same thing that a ban on firecrackers right away is neither a feasible nor a desirable solution right now. What can be done is increasing awareness so that the majority willingly gives up bursting of firecrackers. And reinforce the regulations already in place. (Why won't ban on bursting after 10pm help? :O) Maybe impose higher taxes on the crackers. Maybe incentivise the housing societies who celebrate cracker-free Diwali. Another ban when India is already being tagged as Ban-istan, I don't know how well-received the move will be.
Moron, Oxymoron 13 Oct 2015, 15:21
+1 -1
And Sir, you are not even in the zip code of my comment if you believe that I was urging for ban on usage of cars. What I just wanted the 'babies to ask their daddies' was if they are practicing what they are preaching' I would rather support someone who is fully committed to the cause of our environment and puts in such a petition. But if you are otherwise not playing your role towards the environmental health but putting in such radical petitions, that is where my problem lies. Shouldn't charity begin at home?
KnowTheTruth 14 Oct 2015, 07:34
+2 -0
yes, and no.
1. I find it difficult to explain (convince) my child to abstain from crackers for environment/safety reason when EVERYBODY else is bursting crackers. However, it will be much easy for me to convince him if the govt restricts it whereby MOST people will not engage in fireworks.
2. Although being a 'well meaning', and 'generally' environmentally friendly person, I cannot guarantee to be 100% environment compliant. Should that disqualify me from taking one step forward, and/or filing a petition ?
3. You are allowed to follow your traditions and rituals (including those that are not part of original tradition) so long as you do not encroach on the rights of others. Why is that in India we take our rights for granted, while running over freely others rights ? Are these signs of a civilized society?
Hello Moron 14 Oct 2015, 19:11
+0 -0
Just out of curiosity, where were you when the brick kilns were shifted out of the city when they were polluting while leaving brick workers unemployed?
And of polluting industries out of Delhi?
Or the ban on plastics in gutkha?
The Supreme Court did all that, my child. While you sat on daddy's well polished knee and tipppy-tappied on his keyboard taking your first unsteady steps towards being an armchair critic.
I would much rather have a dad who takes a step for me (even if its fruitless in the end) than imagine that it is someone else's problem.
You, infant, are not in the time zone of this story.
Polluted.. 14 Oct 2015, 05:49
+0 -0
i wonder, why hon'ble Supreme Court is not taking initiative to cleanse internal pollution in form of corruption flourishing in its own courtyard, with every passing days its loosing its sanctity, common, its crossing its line by proactively getting involved in policy making.
Magic Tomato 14 Oct 2015, 10:56
+2 -1
Read the petition, it speaks of a lot more than just Divali crackers (bad as they are). They used the crackers to attract attention to the wider issue of pollution and have been very successful in doing so.

And know the truth is right - just because you don't live your entire life in an environmentally conscious manner doesn't disqualify you from trying to do something about one aspect of it.

And finally, some "traditions" are bad. We got rid of Sati, didn't we?
KnowTheTruth 28 Oct 2015, 08:01
+1 -0
SC refuses to restrict bursting of crackers in diwali

http://timesofindia.indiatimes.com/india/SC-refuses-to-restrict-bursting-of-crackers-in-diwali/articleshow/49565004.cms

Providing an update. Looks like SC isn't really interested in such issues.

(ps:Looks like LI editor is also not interested in providing updates)