Cannot permit the inclusion of barium nitrate in firecrackers solely on the basis of a new formulation being 30% less polluting : Supreme Court
On September 22, 2023, the Supreme Court rejected an application filed by the association of firecracker manufacturers known as TANFAMA. The application sought permission to use reduced quantities of barium nitrate in firecrackers. Notably, in 2019, the Supreme Court had already directed that barium salts should not be used in firecrackers, and this ban was reiterated in 2021.
TANFAMA had approached the Supreme Court, requesting permission to use smaller amounts of barium nitrate in firecrackers based on a recommendation from CSIR – NEERI (National Environmental Engineering Research Institute) and approval from PESO (Petroleum and Explosives Safety Organization) and MoEF (Ministry of Environment, Forest and Climate Change). TANFAMA claimed that this new formulation would reduce particulate matter emissions by 30%, making the firecrackers environmentally friendly, or "green crackers." Additionally, an application was filed for the manufacture of joined crackers, which the Court had previously banned.
The Supreme Court, however, viewed granting the application as a step backward in contrast to its previous efforts to mitigate the harmful effects of firecrackers containing barium. The Court also noted that further research might be necessary to develop new formulations, as there is room for reducing emissions even more.
A bench comprising Justices AS Bopanna and MM Sundresh rejected both applications, stating that allowing the use of barium nitrate, even with reduced emissions, would be retrogressive given the Court's prior orders. The Court emphasized that its past rulings had banned barium nitrate due to the significant air pollution it caused, leading to health issues for individuals exposed to toxic gases and particulate matter, particularly during festivals.
Senior Advocate Shyam Diwan, representing the firecracker manufacturers, argued that the new formulation, including barium, would classify as green crackers and had received approval from PESO. He asserted that barium nitrate, being an inorganic compound, is used worldwide and is a safe and stable oxidizer. However, the Amicus Curiae, Senior Advocate Gopal Shankarnarayan, highlighted the serious health hazards associated with barium nitrate in his submissions.
The Supreme Court pointed out that CSIR – NEERI and PESO were continuously reviewing new formulations to identify alternative oxidizers and fuels for further emission reduction. The Court believed that there was still room for reducing the use of oxidizers and emissions. The Court stated that more research is required to assess the health effects of particulate matter released by these crackers, even when using formulations that guarantee reduced emissions. The Court emphasized the importance of studying the impact of particulate matter in polluted areas, especially on respiratory health, and recommended continued research in this field.
Background: The writ petition was initially filed in 2015 by Arjun Gopal, Aarav Bhandari, and Zoya Rao Bhasin, who were then infants and toddlers aged between 6 months and 14 months. Their legal guardians filed the petition, seeking urgent measures to reduce the deadly pollution levels in Delhi during festivals. They called for a complete ban on the use of firecrackers, sparklers, and explosives during festivals.
Since 2015, the Supreme Court has issued several interim orders while considering this petition. In October 2018, the Court ruled against a complete ban on firecrackers but allowed the sale of less polluting "green crackers" through licensed traders. The Court also banned the online sale of firecrackers, restricted the duration for bursting crackers, and designated specific areas for fireworks.
On October 29, 2021, a bench consisting of Justices MR Shah and AS Bopanna issued directions to ensure strict compliance with its earlier orders, which banned the use of barium-based chemicals in firecrackers and permitted only "green crackers." The Court instructed states and union territories to enforce these directions rigorously and warned that any lapses in compliance would be taken seriously.
Case Title: Arjun Gopal Vs. Union of India, W.P.(C) No. 728/2015 and connected matters