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SC modifies judgement on firecracker ban, lays down 16 guidelines

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[vc_row][vc_column][vc_column_text]Delhi Police told to reduce grant of temporary licences by about 50 percent against those given out in 2016, number of temporary licences to be capped at 500

The Supreme Court bench of Justices Madan B Lokur and Deepak Gupta, on Tuesday (September 12), clarified that there is no blanket ban on firecrackers in Delhi and the National Capital Region (NCR). The court laid down 16 directions on the use of firecrackers.

Reacting to a PIL the top court had banned firecrackers due to heavy pollution caused by the fireworks in the Delhi NCR region. The court had, earlier, directed the Central Government to suspend all such licenses that permit sale of fireworks, both wholesale and retail, within NCR. It had said that the suspension “shall remain in force till further orders of this Court.”

The apex court had also directed the Central Pollution Control Board (CPCB) to study and prepare a report on the harmful effects of the materials which are currently being used in the manufacture of fireworks.

However, the court has now released the following set of guidelines that are to be followed by the Centre and State as far as sale and use of firecrackers within the NCR is concerned:

(1) The directions issued by this Court in Sadar Bazar Fire Works (Pucca Shop) Association shall stand partially modified to the extent that  they are not in conformity with the Explosives Rules which shall be implemented in full by the concerned authorities.  Safety from fire hazards is one of our concerns in this regard.

(2) Specifically, Rule 15 relating to marking on explosives and packages and Rule 84 relating to temporary shops for possession and sale of fireworks during festivals of the Explosives Rules shall be strictly enforced. This should not be construed to mean that the other Rules need not be enforced – all Rules should be enforced.  But if the fireworks do not conform to the requirements of Rules 15 and 84, they cannot be sold in the NCR, including Delhi and this prohibition is absolute.

(3) The directions issued and restrictions imposed in the order passed by this Court on 18th July, 2005 in Noise Pollution (V) shall continue to be in force.

(4) The concerned police authorities and the District Magistrates will ensure that fireworks are not burst in silence zones that is, an area at least 100 m from hospitals, nursing homes, primary and district health-care centres, educational institutions, courts, religious places or any other area that may be declared as a silence zone by the concerned authorities.

(5) The Delhi Police is directed to reduce the grant of temporary licences by about 50 percent of the number of licences granted in 2016. The number of temporary licences should be capped at 500. Similarly, the states in the NCR are restrained from granting more than 50 percent of the number of temporary licences granted in 2016. The area of distribution of the temporary licences is entirely for the authorities to decide.

(6) The Union of India will ensure strict compliance with the Notification GSR No. 64(E) dated 27th January, 1992 regarding the ban on import of fireworks. The Union of India is at liberty to update and revise this notification in view of the passage of time and further knowledge gained over the last 25 years if necessary.

(7) (Through) Fresh notification, Department of Education of the Government of NCT of Delhi and the corresponding Department in other states in the NCR shall immediately formulate a plan of action, in not more than 15 days, to reach out to children in all the schools through the school staff, volunteers and NGOs to sensitize and educate school children on the health hazards and ill effects of breathing polluted air, including air that is polluted due to fireworks. School children should be encouraged to reduce, if not eliminate, the bursting of fireworks as a part of any festivities.

(8) The Government of NCT of Delhi and other states in the NCR may consider interacting with established medical institutions for issuing advisories cautioning people about the health hazards of bursting fireworks.

(9) The interim direction issued by this court on July 31, prohibiting the use of  arsenic, antimony, lithium, mercury and lead in the manufacture of fireworks is made absolute. In addition, the use of the chromate of strontium is prohibited in the manufacture of fireworks.

(10) Fireworks containing aluminium, sulphur, potassium and barium may be sold in Delhi and in the NCR, provided the composition approved by PESO is maintained. It is the responsibility already of PESO to ensure compliance of the standards it has formulated.

(11) Since there are enough fireworks available for sale in Delhi and the NCR, the transport of fireworks into Delhi and the NCR from outside the region is prohibited and the concerned law enforcement authorities will ensure that there is no further entry of fireworks into Delhi and the NCR till further orders. In our opinion, even 50,00,000 kg of fireworks is far more than enough for Dussehra and Diwali in 2017. The permanent licensees are at liberty to exhaust their existing stock of fireworks in Delhi and the NCR and, if that is not possible, take measures to transport the stocks outside Delhi and the NCR.

(12) The suspension of permanent licences as directed by the order of November, 2016 is lifted for the requirement a review after Diwali… This might be ambient air quality post Diwali. However, it is made explicit that the sale of fireworks by the permanent licensees must conform to the directions given above and must be fully in compliance with the Explosives Rules. We were informed that the permanent licences were issued by PESO and therefore the responsibility is on PESO to ensure compliance.

(13) While lifting the suspension on the permanent licence granted, we put these licensees on notice for Dussehra…

(14) Since there is a lack of clarity on the safety limits of various metals and constituents used in fireworks, a research study must be jointly carried out by the CPCB and the FDRC standards for ambient air quality, laying down appropriate (standards).

(15) In any event, a research study also needs to be conducted on the impact of bursting fireworks during Dussehra and Diwali on the health of the people. We, therefore, appoint a Committee to be chaired by the Chairperson of the CPCB and consisting of officers at the appropriate level from the National Physical Laboratory, Delhi, the Defence Institute of Physiology and Allied Sciences, Timarpur, Delhi, the Indian Institute of Technology-Kanpur, scientists from the State Pollution Control Boards, the Fire Development and Research Centre, Sivakasi and Nagpur and the National Environment Engineering Research Institute (NEERI) nominated by the Chairperson of the CPCB to submit a report in this regard preferably on or before 31st December, 2017.

(16) Keeping in mind the adverse effects of air pollution, the human right to breathe clean air and the human right to health, the Central Government and other authorities should consider encouraging display fireworks through community participation rather than individual bursting of fireworks.”[/vc_column_text][/vc_column][/vc_row]

India News

Siddaramaiah to step down as Karnataka Chief Minister, names DK Shivakumar as successor

In a major political development, Karnataka Chief Minister Siddaramaiah has announced his decision to step down, clearing the path for his deputy, DK Shivakumar, to assume leadership.

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Bringing the curtain down on a long-standing leadership dispute within the state ruling party, Karnataka Chief Minister Siddaramaiah announced on Thursday morning that he will resign from his post. The significant announcement was made during a breakfast meeting hosted at his official residence, ‘Kaveri’, in Bengaluru, where senior cabinet ministers and Deputy Chief Minister DK Shivakumar were present.

Siddaramaiah informed his cabinet colleagues that he will formally tender his resignation at 3:00 PM. He further requested the ministers to extend their support to DK Shivakumar, declaring him as the next Chief Minister of the state.

A graceful transition of power

The breakfast meeting, which featured traditional Kannada dishes like masala dosa, idli, and kesaribath, served as a poignant farewell from the veteran leader who recently completed three years of his second term in office. Ministers present at the gathering described the atmosphere as emotional yet graceful. While some cabinet members broke down in tears following the announcement, Siddaramaiah remained poised, expressing his gratitude to the team for their cooperation during his tenure.

Ahead of the formal discussions, the two top leaders displayed a strong message of camaraderie and unity. Images released from the residence showed DK Shivakumar touching the Chief Minister’s feet to seek his blessings, followed by a warm embrace between the duo. Following the meeting, the state party unit shared these images on social media with a caption emphasizing that unity remains their core strength and public service their eternal commitment.

High command intervention ends long-standing dispute

The decision follows 48 hours of intense consultations in New Delhi with the party’s central leadership, including Mallikarjun Kharge and Rahul Gandhi. Media reports indicate that the party high command actively facilitated the transition, offering the outgoing Chief Minister a national role, which includes a Rajya Sabha seat.

As the Governor is currently out of the state on personal matters, Siddaramaiah is expected to hand over his resignation letter to the Governor’s secretary at Raj Bhavan. Following the formal acceptance of the resignation, a Legislature Party meeting will be convened to officially elect Shivakumar as the new leader before the scheduled swearing-in ceremony. Meanwhile, celebrations have already erupted outside Shivakumar’s residence, where supporters gathered to distribute sweets and chant slogans welcoming his upcoming elevation.

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India News

Rain and thunderstorms to bring relief to Delhi NCR from intense heatwave

Delhi and NCR are set to get a break from the scorching summer heat as the IMD forecasts thunderstorms and light rain, bringing down the mercury significantly over the weekend.

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Weather

The persistent heatwave gripping Delhi and the National Capital Region (NCR) is expected to ease down as changing weather conditions promise sudden relief. The India Meteorological Department (IMD) has forecast a drop in temperatures alongside incoming thunderstorms and rain across the northern plains.

Thunderstorms and rain predicted for Delhi NCR

According to the weather department, Delhi’s maximum temperature is expected to settle around 43 degrees Celsius, while the minimum is likely to hover near 29 degrees Celsius. The afternoon and evening hours are expected to witness light to very light rainfall, accompanied by strong winds and squalls moving at speeds of 50-60 kmph.

A more drastic change in weather conditions is anticipated on May 29, when maximum temperatures could drop sharply to around 36 degrees Celsius, with minimums decreasing to about 26 degrees Celsius. The region is likely to witness thunderstorms, lightning, rain, and squalls with wind speeds ranging between 40-50 kmph. This cooler trend is predicted to continue through May 30 and 31, keeping the maximum temperatures locked around 35-36 degrees Celsius.

Scorching temperatures persist across northern and central India

Before the arrival of these rains, severe heatwave conditions continued to scorch several parts of the country. Media reports indicate that Banda in Uttar Pradesh recorded a maximum temperature of 47.8 degrees Celsius, followed closely by Prayagraj at 46.4 degrees Celsius and Jhansi at 46 degrees Celsius. The states of Haryana, Chandigarh, and Delhi also registered daytime temperatures ranging between 45 and 46 degrees Celsius.

In Rajasthan, cities like Pilani saw temperatures touch 47 degrees Celsius, while Sri Ganganagar recorded readings 5.5 degrees above normal. Meanwhile, Maharashtra’s Vidarbha region experienced marginal relief, though temperatures remained high around 45 to 46 degrees Celsius. In Nagpur, the intense heatwave conditions led to 11 suspected heatstroke deaths within a 24-hour period.

Southwest monsoon advancement and safety advisories

On a national level, the IMD stated that environmental conditions are turning favorable for the further advance of the southwest monsoon into parts of the Arabian Sea, Lakshadweep, and the Bay of Bengal. Since India relies heavily on the monsoon for its annual rainfall, farming, and drinking water, its timely progression remains critical.

Amidst these soaring temperatures, Prime Minister Narendra Modi urged the public to take necessary precautions. In a statement shared on social media, he advised citizens to stay hydrated, carry water when stepping out, and offer assistance to those working under the sun to combat the harsh summer heat.

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India News

Siddaramaiah not interested in taking Rajya Sabha post, say sources

Sources reveal that Karnataka Chief Minister Siddaramaiah has turned down an offer for a Rajya Sabha seat, preferring to remain active as an MLA in state politics despite leadership transition talks by the Congress high command.

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The political landscape in Karnataka is witnessing intense developments as Chief Minister Siddaramaiah has reportedly expressed his unwillingness to accept a Rajya Sabha berth or transition into a national role in New Delhi. According to sources familiar with the discussions, the veteran leader prefers to remain active within state politics and continue his tenure as an MLA rather than shifting his focus to the national capital.

High command pushes for transition

This revelation comes on the heels of marathon high-level meetings convened by the Congress leadership in Delhi to address the ongoing leadership discussions in Karnataka. Insiders state that the party central leadership has backed Deputy Chief Minister D.K. Shivakumar to take over the top post, in line with internal understandings following the 2023 assembly elections.

To facilitate a smooth leadership transition in the state, the high command offered Siddaramaiah a parliamentary seat in the upcoming Rajya Sabha elections alongside a prominent national role. However, sources indicate that the Chief Minister has rejected this proposal and requested more time to deliberate on his next steps.

Official stance downplays leadership shift

Publicly, senior party leaders have sought to quell rumors regarding an immediate change of guard. Following a lengthy deliberation at the party headquarters, General Secretary K.C. Venugopal stated to the media that the discussions were exclusively centered around selecting candidates for the upcoming Rajya Sabha and Legislative Council seats in Karnataka. He dismissed reports of an imminent chief ministerial swap as mere speculation.

Siddaramaiah also echoed this sentiment when questioned by journalists, emphatically denying that any leadership changes were debated during the official meeting. Despite these denials, political circles remain abuzz, as the Chief Minister has reportedly met with cabinet ministers and loyalists to discuss the evolving situation before returning to Bengaluru.

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