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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]

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MK Stalin announces major DMK organisational Changes in Tamil Nadu

MK Stalin has announced a major DMK organisational overhaul, introducing age and term limits and expanding party districts from 77 to 110.

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DMK chief MK Stalin has announced a major overhaul of the party’s organisational structure, months after the party lost the Tamil Nadu assembly election.

Acknowledging the defeat, Stalin said the party must openly recognise its mistakes. He also pointed to the functioning of party office-bearers as one of the factors behind the electoral loss.

“Although there are several reasons for our defeat, the functioning of our party office-bearers is also one of them,” Stalin said, stressing that the party must acknowledge its shortcomings and ensure better performance at every level.

Stalin also described the DMK as a “specialist” in making comebacks and said the party would return stronger.

Age and term limits for party posts

Among the major changes announced by Stalin are age and tenure limits for party positions.

Stalin said the changes would involve a significant restructuring of the DMK’s administrative system, with priority being given to new faces. He said the measures were intended to make the party sustainable for the next 100 years and help restore the trust of young people and women.

Under the new rules, branch secretaries must be aged 45 or below and can hold the position for a maximum of two terms.

District secretaries, meanwhile, must be below 70 years of age and can serve for a maximum of three terms.

DMK to increase party districts from 77 to 110

The DMK executive committee has approved increasing the number of party districts from 77 to 110.

The expansion will be implemented as part of the party’s 16th organisational elections. Revenue districts will generally be reorganised so that each party district covers two assembly constituencies.

Where only one constituency remains after the reorganisation, it will be attached to another suitable party district within the same revenue district as a third constituency.

Stalin has been authorised to determine and announce the constituencies that will form the 110 party districts.

New branch structure planned in urban areas

The DMK will also introduce a new branch-level structure in urban areas, along with the post of branch secretary.

The new system will initially be implemented in Chennai, Coimbatore, Madurai, Tiruchirappalli and Salem. It may subsequently be extended to other corporations.

Once the new party districts are announced, district executive committees will have to meet and establish the union, city, area, town, ward and branch-level units within 15 days.

The organisational changes come as the DMK seeks to restructure its party machinery and prepare for its political comeback following its assembly election defeat.

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PM Modi says India’s political stability makes India a bright spot for growth

PM Modi said India’s political stability and policy continuity are helping make the country a bright spot of growth amid global concerns.

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Narendra Modi 12345

Prime Minister Narendra Modi on Friday said India has political stability and continuity in its policies, describing the country as a bright spot of growth and hope amid global concerns over economic growth.

Addressing the Economic Times World Leaders Forum, PM Modi said India is continuing to push reforms across sectors to maintain its growth momentum. He said reforms remain a key commitment of his government.

The Prime Minister said the NDA government has a clear roadmap for reforms, with a strong focus on governance. He also said the government is using incentives to encourage higher production.

PM Modi highlights shift in regulatory approach

PM Modi said his government is changing the country’s regulatory framework and moving away from what he described as a “prohibited-unless-permitted” approach.

He said the government believes there should be no regulation for an activity that has not been explicitly prohibited under law. According to him, the aim is to bring next-generation reforms at the policy and governance levels while improving ease of living.

He also contrasted the current Production Linked Incentive (PLI) model with what he described as a “Production Linked Punishment” approach followed by previous governments.

Focus on infrastructure and manufacturing

PM Modi cited changes in areas including the Indian Railways, Delhi Metro and Namo Rapid Rail as examples of reforms reflecting India’s changing needs.

He also said the government has changed the approach towards border infrastructure, which he described as a strength rather than a weakness.

The Prime Minister further highlighted India’s affordable data services and domestic mobile-phone manufacturing while discussing the country’s economic transformation.

India seen as a growth bright spot

PM Modi said the world is facing several concerns related to growth, including the weaponisation of resources, but India is being viewed as a bright spot of growth.

He said India’s political stability, policy continuity and reform efforts are helping sustain the country’s growth momentum.

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Jharkhand students, JMM workers clash over Hemant Soren effigy burning

Clashes broke out in Ranchi, Hazaribag and Giridih as protesting students attempted to burn effigies of Hemant Soren and Rahul Gandhi.

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Clashes broke out between protesting students and police in Ranchi and several other parts of Jharkhand on Friday evening as students attempted to burn effigies of Chief Minister Hemant Soren and Congress leader Rahul Gandhi, officials said.

Similar incidents were reported in Hazaribag and Giridih, where workers of the ruling Jharkhand Mukti Morcha (JMM) clashed with students who were trying to burn effigies of Soren.

The protesting students are affiliated with the JPSC-JSSC Reforms Manch. They have accused the Jharkhand government of deceiving and betraying job aspirants following the High Court’s intervention in cases concerning recruitment examinations and appointments.

In Ranchi, a large number of students gathered at Albert Chowk to burn the effigies. Police said a scuffle broke out when they tried to control the situation.

Ranchi DSP KV Raman said the protesters changed the designated route of their march and went towards the JPSC office, where traffic was brought to a halt.

According to Raman, police repeatedly asked the protesters to follow the designated route for the march and effigy burning, but the students did not comply.

Student leaders, however, alleged that police and JMM workers attempted to prevent them from holding a peaceful march.

“They cannot stop us from holding peaceful and democratic protests,” JPSC-JSSC Reforms Manch leader Ravindra Paswan said.

Another student leader, Piyush Kumar Singh, alleged that a core committee member of the Manch, Kunal, was detained by police. He claimed that Kunal fainted and was subsequently taken to Sadar Hospital.

The protesters also alleged that female participants were assaulted by JMM workers during the scuffle.

Why are Jharkhand students protesting?

The students had earlier called off their agitation after the Hemant Soren government decided to cancel JPSC examinations where irregularities had been alleged.

However, the Jharkhand High Court subsequently intervened in several matters related to the recruitment process.

On Friday, the court stayed notifications cancelling the appointments of Child Development Project Officers (CDPOs) and those recruited through the JSSC-CGL examination.

A day earlier, the court had stayed notifications cancelling the 11th and 13th JPSC examinations. It had also stayed the order cancelling the appointments of food safety officers.

The developments have renewed the students’ concerns over the government’s handling of recruitment-related cases.

JLKM announces recruitment reforms yatra

Meanwhile, JLKM leader Devendra Nath Mahto announced that his party would launch a ‘Recruitment System Reforms Yatra’ from August 24.

Mahto alleged that the Jharkhand government was not strongly defending cases concerning the cancellation of several recruitment examinations before the High Court.

He warned that if the government failed to effectively present its case before the Jharkhand High Court on September 15, when the matters are scheduled for hearing, they would plan to gherao the Chief Minister’s residence.

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