By Imna Longchar
Dimapur (Nagaland), Nov 3 : Ahead of Diwali which falls on Thursday , Nagaland Government on Wednesday had issued an order following Supreme Court’s Order W.P(c) no 728/2015 on direction of ban on firecrackers in India issue order October 29.
However, despite the ban and sale of the same, revelers and business communities across the streets of the commercial hub of Nagaland, Dimapur, were seen either bursting or selling the fire crackers.
Bursting and sale of fire crackers had been already banned even in the national capital, Delhi, since last year where even the “National Green Tribune” had also ordered a ban on the same citing reasons including the hazardously poor air quality while drawing a link between pollution and a possible Covid- 19 surge.
In an official bulletin, it reminded that the Court order dated October 11, 2016, directed the central government suspend all such licenses as permit sale of fireworks, wholesale and retail, within the territory of NCR, where the suspension for the same would remain in force till further order of the Supreme Court and that no such license (s) should be granted or renewed till further orders.
Stating that while issuing the aforesaid interim directions, the Court took into consideration the harmful effects of fireworks on the ambient air and the lungs, eyes and ears of the people, the Court also took note of the fact that extreme nuisance, noise the fireworks cause to citizens particularly the ailing and the aged.
The crackers with reduced emission (improved crackers) and green crackers would be permitted to be manufactured and sold. The manufacture, sale and use of joined firecrackers (series crackers or laris) are banned as the same causes huge air, noise and solid waste problems, added the bulletin.
“The sale shall only be through licensed traders and it shall be ensured that these licensed traders are selling those firecrackers which are permitted by this order”, supplemented the official bulletin.
It also stated that no e-commerce websites, including Flipkart, Amazon, etc., shall accept any online orders and effect online sales and such e-commerce companies found selling crackers online will be hauled up for contempt of court and the Court may also pass, in that eventuality, orders of monetary penalties as well.
Barium salts in the fireworks has also been banned.
The bulletin also stated that PESO would ensure fireworks with permitted chemicals only to be purchased/possessed/sold/used during Diwali and all other religious festivals, of any religion whatsoever, and other occasions like marriages, etc., it shall test and check for the presence of banned chemicals like lithium/arsenic/antimony/lead/mercury and would ensure suspension of the licenses of manufacturers of such fireworks items and appropriate disposal of such stock.
The court further order that everybody including the implementing agency (s) were bound to see that the directions issued by the Courts are implemented and followed in its true spirit and in toto.
The Court issued directions from time to time in the larger public interest and having found that such use of banned fireworks affects the health of the other innocent citizens including the senior citizens and the children, it is the duty of all the States/State Agencies to see that the directions issued by this Court in the earlier orders reproduced hereinabove are strictly complied with.
No authority can be permitted the violation of the directions issued by this Court and permit banned firecrackers under the guise of celebration.
Only those firecrackers are banned, as directed hereinabove, which are found to be injurious to health and affecting the health of the citizens, more particularly the senior citizens and the children.
The court further directed all the States/Union Territories to see that the directions issued earlier by this Court and issued by this Court today are strictly complied with in its true spirit and in toto.
Any lapse on the part of the State Governments/State Agencies and Union Territories shall be viewed very seriously and if it is found that any banned firecrackers are manufactured, sold and used in any particular area, the Chief Secretary of the concerned State(s), the Secretary (Homes) of the concerned State(s) and the Commissioner of Police of the concerned area, District Superintendent of Police of the concerned area and the SHO/Police Officer in-charge of the concerned police station shall be held personally liable.
In this regard, all States/Union Territories have been directed to give due publicity through electronic media/print media/local cable services to make the people aware and know the directions issued by this Court issued hereinabove with respect to manufacture, use and sale of banned firecrackers.
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