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Are Fireworks Legal in India?

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Are you allowed to burst firecrackers on Diwali? Will there be a fine imposed? These pressing questions will be answered in this blog.

Introduction

Industry players had recently revealed that the uncertainty over the Diwali celebration due to the COVID-19 pandemic had lowered the production of firecrackers by at least 30%. The Supreme Court has also ordered a probe by the CBI into the use of barium nitrate in the manufacture of fireworks. As a result, many firecracker units are making ‘Green Crackers’ with the formulation recommended by the CSIR. This is because the bursting of traditional firecrackers during Diwali has affected the air quality index in several parts of India.

 How Are Firecrackers Manufactured in India?

The vibrant fireworks displays enjoyed across India often originate from Sivakasi, Tamil Nadu. However, their production poses significant dangers due to the manual handling of various chemicals throughout the process. Past studies have primarily attributed accidents to unsafe acts and unsafe conditions, suggesting human error as the central culprit. 

The production of firecrackers in India commenced post-independence with the establishment of the inaugural fireworks factory in Kolkata. Sivakasi, located in Tamil Nadu, emerged as the epicentre for firecracker manufacturing, thanks to the efforts of two siblings, P. Ayya Nadar and Shanmuga Nadar, who inaugurated two factories initially focused on producing sparklers, commonly known as ‘phooljhadi’. Presently, Sivakasi supports over 650,000 families who rely on this sector for their sustenance.

Like numerous other sectors, the firecracker industry faced significant challenges during the 2020 COVID-19 pandemic. Despite being valued at approximately ₹5,000 crores, the industry’s output fell to just ₹3,000 crores worth of firecrackers in that year. The challenges persisted into 2021, with various states such as Odisha, Rajasthan, Delhi, and Haryana implementing full or partial restrictions on firecracker usage.

How Do You Measure Air Quality?

Using the air quality index (AQI), a thermometer look-alike, air quality can be identified. An AQI measures the pollution that the air in the environment carries. It mainly looks for five critical pollutants. They are carbon monoxide, sulphur dioxide, nitrogen dioxide, ground-level ozone, and aerosols. 

Healthy breathable air measures anywhere between 0-50 numerical value on the AQI. However, the danger lurks when the pollutants in the air rise, measuring anywhere between 100-150 or more. This is when sensitive groups such as immunocompromised individuals, people with disorders and other breathing conditions begin to suffer. 

 Orders issued by the Supreme Court on Firecrackers

The Supreme Court of India has issued several orders regarding firecrackers, primarily focusing on balancing cultural traditions with environmental and safety concerns. Here’s a summary of some key orders:

2018:

Limited ban on firecrackers: The Court banned the sale and use of firecrackers containing barium, potassium chlorate, and other harmful chemicals within Delhi and NCR due to severe air pollution concerns.

Permitted green crackers: The Court allowed the sale and use of green crackers developed by the Council of Scientific and Industrial Research (CSIR) as they claim to be less polluting.

Time restrictions: Bursting of firecrackers was restricted to two hours (8pm-10pm) on Diwali and other specific occasions.

2020:

Nationwide ban on sale of traditional firecrackers: The Court imposed a complete ban on the sale of all firecrackers except green crackers across India during the 2020-21 festive season due to COVID-19 concerns and potential impact on respiratory health.

2021:

Relaxation of ban: The Court allowed the sale and use of green crackers within designated areas after following specific guidelines set by the Central Pollution Control Board (CPCB).

The Court clarified that the 2018 ban on traditional firecrackers within Delhi and NCR remains in effect, despite relaxations in other parts of the country. As of February 2024, the 2018 ban on traditional firecrackers in Delhi and NCR is still in effect. Other parts of India can follow the guidelines for green crackers sales and usage laid out in the 2021 and 2023 orders.

Latest Updates on Firecrackers in India

Comparing the above readings to Delhi in 2017, the AQI metrics dwindled between 300-400 numeric values, translating to 878-1179 micrograms per cubic metre. A dangerous condition flagged as hazardous, making it impossible to breathe the outside air.

In 2018, the AQI levels hit 654 – a number that is way above the hazardous level. According to a published study in Lancet Planetary Health in 2018; the toxic air that blanketed India in 2017 claimed close to 1.24 million lives or contributed to 12.5% of the total deaths. 

In 2020, The air quality in Delhi-NCR plunged into the ‘severe’ category with the air quality index (AQI) reaching 421 on the day after Diwali according to the latest estimates updated by a system of air quality and weather forecasting and Research (SAFAR). 

Most of the areas in the national capital including Delhi University, Pusa Road, Lodhi Road, Mathura Road, IIT-Delhi, Indira Gandhi International Airport (Terminal-3) and Ayanagar recorded air quality in the ‘severe’ category with an AQI of 479, 433, 392, 427, 398, 468 and 424 respectively.

The Arvind Kejriwal-led Delhi government even issued a ban on firecrackers between 9 November and 30 November. During this time, several states and UTs issued a partial ban on fireworks in a bid to reduce air pollution.

Notably, these numbers were still better than the previous year’s AQIs had touched 900 in some parts of the national capital.

While it is impossible to impose a blanket ban on firecrackers during Diwali in the national capital region, the Supreme Court said that there was a need to rethink how Diwali was celebrated and asked the state governments to put in certain rules regarding the bursting of firecrackers during this period.

What Types of Green Crackers Cause Less Pollution?

In India, there are three main types of green crackers certified by the Council of Scientific and Industrial Research (CSIR):

  1. SWAS (Safe Water Releaser):
  • Contains no sulphur or potassium nitrate, the main culprits behind harmful emissions.
  • Releases water vapour instead of pollutants when burst, helping settle dust and improve air quality.
  • Examples: sparklers, flowerpots, and sound-emitting crackers.
  1. STAR (Safe Thermite Cracker):
  • It is also free from sulphur and potassium nitrate.
  • Uses magnesium instead of aluminium, leading to lower sound intensity and reduced particulate matter emissions.
  • Examples: ground spinners, chakkars, some flowerpots.
  1. SAFAL (Safe Minimal Aluminium):
  • Contains reduced amounts of aluminium compared to traditional crackers.
  • Uses magnesium as a replacement, contributing to lower pollution levels.
  • Examples: sparklers, pencils, and sound-emitting crackers.

Be an Environment-Friendly Citizen

The government of India is doing its part in trying to curb the pollution levels from rising further. Though the odds are against us, it is up to citizens of India like you and me, to ensure this Diwali turns out green & environment-friendly than the past years. 

Here are some guidelines which will help all of us be a responsible citizen this Diwali:

  1. Ask your firecracker seller if the crackers which they sell are green crackers
  2. Ask them if they have got their green firecracker license
  3. Educate your family on many health hazards and pollution which will affect everyone
  4. Do not burst crackers after 10 p.m.
  5. Make sure you are street-friendly while bursting crackers especially on the alleys and gullies
  6. Be mindful of others and your surroundings while bursting crackers.

Green fireworks in India provide us with a green Diwali! Let this change that we are striving towards lead us to greener pastures.  

Conclusion

Fireworks legality in India varies by region, with some states imposing bans or restrictions, especially during festivals like Diwali. This is due to environmental and health concerns, highlighted during the COVID-19 pandemic. People and businesses need to keep up with the latest rules in their area to ensure they are following the law. For more queries and information, contact Vakilsearch experts.

FAQs

Are fireworks allowed on Diwali in India?

  • Nationally: Green crackers certified by the CSIR are allowed in most states, but with specific regulations and time limits
  • Delhi and NCR: Traditional firecrackers remain banned year-round due to severe air pollution concerns
  • Other states: Check with your local authorities for specific regulations and permitted timings

When did fireworks start in India?

The use of fireworks in India dates back centuries, likely influenced by Chinese traditions. Early records suggest their use in celebrations as early as the 12th century.

Are firecrackers banned in all states?

No, traditional firecrackers are banned only in Delhi and NCR. Other states permit the use of certified green crackers with restrictions. Always verify local regulations before purchase or use.

Are firecrackers allowed in local and public places?

It depends on your location and the type of firecracker. Some states may have additional restrictions on bursting fireworks in specific areas like public grounds, historical sites, or near hospitals. Check local regulations for details.

What is the time limit for fireworks in India?

Nationally, the permitted time for bursting green crackers is typically between 8pm and 10pm on specific occasions like Diwali and other festivals. Some states may have different timings, so always check locally.

How Are Green Firecrackers useful to us?

While not entirely pollution-free, green crackers offer some advantages compared to traditional ones:

  • Reduced emissions: They contain less harmful chemicals like sulphur and potassium nitrate, leading to potentially lower air pollution.
  • Lower sound intensity: They use magnesium instead of aluminium, which can contribute to quieter explosions
  • Safer handling: Certain types, like SWAS crackers, release water vapor, potentially helping dampen dust and improve air quality.

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