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Bursting of crackers on Diwali: No blanket ban, but SC lays down restrictions for all festivals

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Bursting of crackers on Diwali: No blanket ban, but SC lays down restrictions for all festivals

[vc_row][vc_column][vc_column_text]Amid the precarious air pollution situation in Delhi and several other parts of the country and Diwali approaching, the Supreme Court today (Tuesday, October 23) laid down restrictions to be followed for bursting of crackers applicable across the board for all festivals.

However, to the relief of citizens, the top court declined to issue a blanket, country-wide ban on fireworks.

A Supreme Court bench of Justices AK Sikri and Ashok Bhushan was hearing a bunch of petitions – including one filed by minors Arjun Gopal, Aarav Bhandari and Zoya Rao Bhasin (all aged below four years) through senior advocate Gopal Sankaranarayanan – which had sought a complete ban on the manufacturing, transportation and sale of fire crackers.

The court clarified that on festivals, including Diwali, the bursting of firecrackers will be allowed only between 8 pm and 10 pm. On Christmas and New Year’s Eve, the bench said, crackers can be burst between 11:45 pm and 12:45 am.

“We make it clear that we are concerned not only with Diwali… be it Gurpurab or Christmas, our directions will work across the board,” said Justice Sikri.

No fire crackers would be burst during the day, said the SC.

The SC said “improved and green” crackers can be manufactured and sold only by the licensed holders. The court imposed a complete ban on the sale of firecrackers by e-commerce firms, including Amazon and Flipkart.

It added that firecrackers will also have to comply with the prescribed noise levels and also barred the use of some chemicals, including barium salt, in the manufacturing.

The SC ordered the Petroleum and Explosives Safety Organisation (PESO) to give clearances to crackers only if they meet noise and emission standards. The court order made it clear that the existing stock of crackers would become redundant.

The court added that the Centre and state governments should promote community bursting of firecrackers by designating such spots.

In the national capital, the Supreme Court said the Aam Aadmi Party government should look into the possibility of community fireworks to reduce the pollution load. If the government goes for this, the judges said this should be done within the next week so that people do not end up buying firecrackers.

Local police officers shall be personally liable if there is a violation of the court orders and will be hauled up for contempt.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_column_text css=”.vc_custom_1540286805313{border-top-width: 10px !important;border-right-width: 10px !important;border-bottom-width: 10px !important;border-left-width: 10px !important;padding-top: 10px !important;padding-right: 10px !important;padding-bottom: 10px !important;padding-left: 10px !important;background-color: #e5e5e5 !important;border-radius: 10px !important;}”]Main points

* People can burst low-emission firecrackers for 2 hours on Diwali (8pm to 10 pm), 35 minutes on Christmas and New Year’s eve (11.55 pm to 12.30 am).

* The top court asks Centre to encourage community cracker-bursting during Diwali and other festivals in Delhi-NCR.

* SC bans the online sale of firecrackers and puts a stay on the e-commerce portals from selling firecrackers.

* The top court asks the Central Pollution Control Board to monitor air quality 7 days before and 7 days after Diwali.

* Firecrackers can be sold only through licence holders.

* The area Station house officers will be held accountable if banned firecrackers are sold in their area.

* PESSO (Petroleum and Explosives Safety Organization) asked review the clinical composition of fireworks and give the suggestion within two weeks.

* The court ruling shall apply to all festivals and marriages.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]The judge said that this judgment has tried to strike a balance and has relied majorly on the suggestions and guidelines proposed by the central government.

The bench had reserved its verdict on the PILs on August 28 following elaborate arguments which saw Chairman, Centre for Chest Surgery & Lung Transplantation, Sir Ganga Ram Hospital and chief of Lung Foundation Dr Arvind Kumar make a passionate appeal before the judges in favour of banning fire crackers completely. Dr Kumar had placed on record graphic images of lungs of his patients, and explained to the court how, “everyone had turned a smoker” because of the high level of air pollution. He had established that the spike in air pollutants during Diwali, primarily due to bursting of fire crackers, could turn fatal for people with lung conditions.

Standing counsel for the Central Pollution Control Board, Supreme Court advocate Vijay Panjwani, who had supported the appeal for a complete ban on fire crackers during the court proceedings told reporters after the apex court’s verdict that though the “order is not very strict, it will regulate the sale and use of crackers to some extent”.

“All state pollution control boards and the Central Pollution Control Board will measure particulate matters (PM) 2.5 and 10 in the air seven days ahead of Diwali and seven days after Diwali,” Panjwani said.

Last year the top court had imposed a complete ban on sale of firecrackers in the national capital region and today’s decision brings relief for many Delhites wanting to celebrate Diwali the way have been accustomes to.

For the rest of the country, it will be the first time that the festival of lights would be celebrated under strict restrictions.

The top court had earlier said all aspects, including the fundamental right of livelihood of firecracker manufacturers and the right to health of over 1.3 billion people in the country, needs to be taken into account while considering a plea for the ban.

It had asked the Centre to suggest measures to be taken to curb the pollution and the effect of firecrackers on the public at large.

Manufacturers earlier told the court that the use of firecrackers should not be completely banned and it should instead be strictly regulated. They said firecrackers are not the reason for the increase in air pollution and there are other factors, like wind and temperature, which contribute to it.

India’s poor air quality causes over one million premature deaths every year, according to a joint report by two US-based health research institutes earlier this year. Delhi’s Air Quality Index (AQI) continued to be ‘very poor’ on Monday with an average reading of 318 of PM (particulate matter) 2.5 at 9 am, according to data of System of Air Quality and Weather Forecasting And Research (SAFAR).

Last October, the Supreme Court suspended the sale of firecrackers in Delhi-NCR till November 1 in the run up to Diwali which was celebrated on October 19 in 2017. But the use of firecrackers in the city was still rampant on Diwali day, according to an analysis of CPCB data by the Centre for Science and Environment (CSE).

The average PM2.5 concentration during Diwali and the morning after (12pm-12am, October 19-20) was 397 microgramme per cubic metre — 6.6 times higher than the safe limit and is in the ‘emergency’ zone. The day before Diwali (October 18), the 24-hour average was 184 microgramme per cubic metres.[/vc_column_text][/vc_column][/vc_row]

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Rahul Gandhi urges Karnataka CM Siddaramaiah to enact Rohith Vemula Act to end caste-based discrimination

“There was plenty of food with us… but we were to sleep without food; that was because we could get no water, and we could get no water because we were untouchables,” Gandhi quoted Ambedkar.

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In a significant move aimed at addressing caste-based discrimination within the education system, Rahul Gandhi, the Leader of the Opposition in Lok Sabha and senior Congress leader, has written to Karnataka Chief Minister Siddaramaiah advocating for the implementation of the ‘Rohith Vemula Act’. This proposed legislation aims to ensure that no student in Karnataka faces discrimination due to their caste.

In his letter dated April 16, Gandhi reflected on the struggles and indignities faced by Dr. B.R. Ambedkar, a key figure in India’s fight against caste discrimination. He recounted a powerful incident described by Ambedkar from his childhood, highlighting the harsh realities of being labelled an “untouchable” and the systemic barriers that prevented him from accessing basic necessities and an equal education.

“There was plenty of food with us… but we were to sleep without food; that was because we could get no water, and we could get no water because we were untouchables,” Gandhi quoted Ambedkar.

Gandhi emphasised that despite the progress made, millions of students from Dalit, Adivasi, and OBC communities continue to experience unjust discrimination within the educational framework. “It is a shame that even today, our educational system perpetuates such brutal discrimination,” he declared.

The Congress leader further expressed his grievances regarding the tragic losses of young lives due to caste-based discrimination, citing the suicides of students like Rohith Vemula, Payal Tadvi, and Darshan Solanki as evidence of the urgent need for legislative action. “Such horrific incidents cannot be tolerated at any cost. It is time to end this cycle of injustice,” he stated.

Gandhi shared his thoughts on the social media platform X, revealing insights from recent discussions he had with students and teachers from underprivileged backgrounds in Parliament, who recounted their ongoing experiences of discrimination in higher education. He reaffirmed Ambedkar’s belief that education is a vital tool for empowerment and breaking the caste system, a principle he feels remains unfulfilled.

Expressing the need for immediate action, Gandhi urged the Karnataka government to prioritise the enactment of the Rohith Vemula Act, ensuring that no child in India endures the discrimination and hardships experienced by Ambedkar, Vemula, and countless others.

Rohith Vemula, a Dalit student, tragically took his life in 2016 due to the pressures of caste-based discrimination, igniting a national conversation about the urgent need for reform within educational institutions to protect vulnerable student populations. The push for the ‘Rohith Vemula Act’ has gained momentum among Dalit and student groups seeking systemic changes to safeguard against discrimination in education.

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Opposition slams Vice President Jagdeep Dhankhar after he criticises Supreme Court’s order on President

TMC’s Kalyan Banerjee accused Dhankhar of repeatedly disrespecting the judiciary.

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Opposition leaders on Thursday fiercely criticised Vice President Jagdeep Dhankhar for his recent statements on the judiciary, accusing him of undermining its authority and veering close to contempt.

Leaders from the Congress, Trinamool Congress (TMC), Dravida Munnetra Kazhagam (DMK), and notable legal figures condemned Dhankhar’s remarks as disrespectful to constitutional principles.

Congress leader Randeep Singh Surjewala emphasised the supremacy of the Constitution, stating, “In our democracy, no office—whether President, Prime Minister, or Governor—stands above constitutional accountability.”

He praised the Supreme Court’s April 8 ruling, which set a three-month deadline for the President to act on bills reserved by governors, calling it a bold and necessary check on high offices.

TMC’s Kalyan Banerjee accused Dhankhar of repeatedly disrespecting the judiciary. “His comments on Supreme Court judges are unacceptable and nearly contemptuous. As a constitutional figure, he must respect other institutions,” Banerjee asserted.

DMK leader Tiruchi Siva labelled Dhankhar’s remarks as “unacceptable,” stressing that no one, regardless of their position, can delay legislative bills indefinitely. “The rule of law must prevail over institutional overreach,” Siva said.

Senior advocate and Rajya Sabha MP Kapil Sibal defended Article 142, which grants the Supreme Court authority to issue orders for “complete justice.” He questioned, “This power is enshrined in the Constitution to ensure justice. Who is obstructing the President’s authority?”

Dhankhar’s controversial remarks were made during an address to Rajya Sabha interns on April 17, where he called Article 142 a “constant threat to democratic forces” and challenged the judiciary’s right to impose deadlines on the President. He also questioned why judges require judicial approval for FIRs, noting that only the President and Governors enjoy constitutional immunity from prosecution.

The Bharatiya Janata Party (BJP) defended Dhankhar, accusing the opposition of hypocrisy. BJP spokesperson Shehzad Poonawalla retorted, “The opposition, which ignores parliamentary laws, mocks the Vice President, and shields rioters for votes, has no moral ground to lecture on constitutional propriety.”

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FASTag won’t be discontinued from May 1: Govt clears rumours on new tolling technology

While new technological approaches are under consideration, MoRTH clarified that the ongoing pilot tests featuring Automatic Number Plate Recognition (ANPR) systems at selected toll plazas are meant to enhance, not replace, FASTag functionalities.

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The Ministry of Road Transport and Highways (MoRTH) has dismissed rampant rumours regarding the discontinuation of the FASTag system effective May 1, 2025. In an official statement released on Friday, the ministry reiterated that it has no intention of phasing out FASTag or replacing it with a satellite-based tolling system in the immediate future.

Authorities cautioned the public against believing misleading reports and viral messages that suggest FASTag will be eliminated, emphasising that the system remains active and mandatory for toll payments across the nation.

While new technological approaches are under consideration, MoRTH clarified that the ongoing pilot tests featuring Automatic Number Plate Recognition (ANPR) systems at selected toll plazas are meant to enhance, not replace, FASTag functionalities.

Understanding the hybrid tolling model

The proposed hybrid model seeks to combine the existing Radio-Frequency Identification (RFID)-based FASTag with ANPR technology. This innovative approach aims to facilitate barrier-less toll collection; sophisticated high-resolution cameras will capture vehicle number plates and link them with FASTag accounts for a more efficient toll payment process.

The ministry is currently assessing the hybrid system’s potential to:

  • Decrease congestion at toll plazas
  • Accelerate vehicle flow
  • Provide motorists with a smoother, uninterrupted tolling experience

However, MoRTH has confirmed that the hybrid model is still in the pilot phase and no final decision regarding its nationwide implementation has been established.

Although FASTag will not be replaced, the ministry stressed the importance of compliance under the hybrid system. Vehicle owners who neglect toll payment procedures may receive electronic notices, face suspension of their FASTag accounts, or incur penalties as per the VAHAN vehicle registration database.

The Ministry of Road Transport and Highways strongly urged motorists to disregard false information regarding the discontinuation of FASTag. Official updates on any changes to the tolling system will be communicated through trusted channels. The public is encouraged to stay informed by visiting the official websites at www.nhai.gov.in and morth.nic.in.

Fact Check: Claim: A satellite-based tolling system will replace FASTag starting May 1, 2025. Fact: This claim has been labelled false, as MoRTH has confirmed that FASTag will remain in use beyond the specified date.

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