Variety

SC order to ban firecrackers is a case of judicial overreach

Maitridevi SisodiaOctober 10, 2017 | 11:17 IST

There has been a lot of brouhaha about yesterday's (October 9) Supreme Court order re-imposing a temporary ban on the sale of firecrackers in the National Capital Region (NCR). The order suspends sale of firecrackers in NCR till November 1 and aims to assess the impact of the move on the region's alarming air pollution levels. While the SC order is well-intentioned, the prudence of the judgment and its ability to achieve its aim is highly debatable.

In November 2016, the apex court had suspended licences that permitted sale of firecrackers, wholesale and retail, in the NCR. However, on September 12, 2017, the SC temporarily lifted this order and permitted sale of crackers for the upcoming festive season. Monday's order is quite unjust to the traders, shopkeepers and businessmen, who have already invested in crackers, given the September order.

Initial industry estimates suggest that it is set for a loss of about Rs 500 crore. Many shopkeepers from the NCR have voiced their angst, requesting the government to file a review petition. Moreover, the firecracker business being a seasonal industry, it will hurt the income of small traders. There is also a legitimate concern of black marketing of firecrackers since the SC order bans only the sale and not bursting of crackers.

Delhi's air pollution is caused by multiple anthropogenic and natural causes. IIT-Kanpur conducted a detailed study in 2016 to examine the major causes of air pollution. The study also gave recommendations to tackle the problems. Road dust, vehicular emissions, crop-burning and waste-burning are the top contributors. The following charts present the details of source-composition of Particulate Matter (PM) 2.5 and 10, which pollute Delhi's air:

Graphics courtesy: IIT-Kanpur

Firecrackers do worsen the air quality during Diwali time as per the report, spiking potassium and sulphur levels massively. However, banning firecrackers is, at best, a very temporary solution. Taking the most cynical view, even without any cracker-bursting, there is little hope for any sustainable respite for Delhi residents.

Even in the matter of pollution caused by firecrackers, the long-term solution would be to regulate the manufacturing of crackers and lay down standards for enforcement. In Arjun Gopal vs Union of India case, the apex court has done just that. The court has ordered the Central Pollution Control Board to lay down guidelines and set standards, which will go a long way in achieving the goal of curbing pollution caused by firecrackers, as against this order which can achieve precious little.

Another issue with the SC order is that of judicial overreach. Law-making is the function of the legislative arm of government. There has been increasing concern over courts tiptoeing into this territory with various judgments passed in a similar vein - ban on liquor sale on highways (500m), is a case in point.

Legal philosopher Lon Fuller argued that judiciary was ill-suited to resolve polycentric problems ie complex situations where tweaking one feature could result in unforeseen changes to other interdependent features, much like a spider web. Judicial processes lack the institutional wherewithal to indulge in tackling multi-layered problems. This drastic order might have been passed due to the woeful little that has been done on the ground to improve air quality. The Union and Delhi government must share the blame and take charge.

A robust awareness campaign and advocacy for a "green Diwali" would have achieved just as much as this unpleasant ban, without the space for communalising the matter. Despite the good intentions, the SC order is poorly thought through and is unfairly ill-timed for the traders. Haphazard bans discourage democratic processes - all organs of state must tread with caution and overcome this temptation of "rule by bans".

Also read: Godhra train burning case: Gujarat HC commuting death penalties may help BJP in polls

Last updated: October 11, 2017 | 16:07
IN THIS STORY
Read more!
Recommended Stories