The Supreme Court of India Appears to have Woken Up

The Supreme Court of India Appears to have Woken Up

The Supreme Court of India “confirmed an ‘all-pervasive ban on the sale, production and manufacture of firecrackers in Delhi and National Capital Regions (NCR) in April 2025.” It was a drastic step that was “absolutely necessary” to protect citizen’s right to clean air.

I had asked quite some time ago, within myself and possibly in a letter to the editor, why such differential−indeed, deferential−treatment of citizens of Delhi and NCR. I also indicated that the “managementese” stake-holders−manufacturers, trucking, distributors and sales people−seem not to have appeared or to have been consulted.

Well, today, I realize that the thought I espoused quite a while ago has reached non-plebeiancorridors in New Delhi, including livelihood of some plebeians. The Supreme Court of India is seen to have taken cognizance of the issues. Of course, if there are further issues that have been flagged but not addressed, the court could say that their duty is merely to respond to the queries that come before them. True, but hasn’t it ever gone beyond? I don’t know, but I suspect it has.

Two issues were highlighted. One, “a complete ban cannot be implemented,” as that would be an open invitation to the firecracker mafia, a la mining mafia that moved in when, “total ban” was imposed on mining in Bihar. The other issue highlighted the possible arbitrariness/ special considerations that came to play when firecrackers were banned in Delhi and NCR and not elsewhere in the country. Also, about depriving “thousands of workers.” In my opinion it should have been tens of thousands of workers, considering the ubiquity of the celebrations in this vast land, and the distribution and sales ends at every street corner.  Why all this is so, asked the current CJI.

I distinctly remember I raised a cultural issue. It is customary that people celebrate Diwali/Deepavali with firecrackers (and so also at the end of Navratri, as enthroning of Lord Rama). This cannot be abolished by anyone, be they ever so high. That is akin to nihilism, offering no alternative. No, no, in a democracy. This was not mentioned per the newspaper report.   That was a big swing-and-a-miss (an American baseball term, I am most intent on reducing the traffic to my space). Two senior advocates argued against the ban; one, on the misconception that polluted air affects the elite who are perched on their exclusive aeries. The truth is the poor on the streets are the true victims. This cannot but be made any more explicit. The elites want everything!

The other point is that some licenses expire three years hence were being withdrawn. The implied question is where goes the legitimacy of a license.

One may hope that the judgment that would come in the next few days, as Vijaya Dasami(Lord Ram vanquishing Ravan and his cohorts) is upon us in a week, and Diwali/Deepavalifollows, giving no respite for the firecracker industry; the industry enjoys this busyness in their business. Please, do not take away their enjoyment!

Please wake up. It is the season to wake up like Kumbakarna, who was awakened from his regular deep sleep merely to be killed.

Raghuram Ekambaram