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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

Nana Patole’s feet-washing video sparks BJP attack, Congress leader responds

A Guru Purnima video showing Congress leader Nana Patole’s feet being washed has sparked a political controversy in Maharashtra, drawing criticism from the BJP and a strong response from Patole.

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A video showing senior Congress leader Nana Patole’s feet being washed during a Guru Purnima event has triggered a political controversy in Maharashtra, with the BJP criticising the ritual and the Congress leader defending it as a family tradition.

The viral clip shows Mr Patole seated on a sofa while two men wash his feet, shower flowers on him and place fruits near his feet as part of the ceremony. The incident quickly drew attention on social media and prompted sharp reactions from political leaders.

BJP calls it ‘Congress culture’

Reacting to the video, Maharashtra minister and BJP leader Chandrashekhar Bawankule said the incident reflected the “culture of Congress leaders”.

He said such acts only invite criticism and negative publicity, adding that Congress leaders should learn from similar controversies instead of repeating them.

Nana Patole defends Guru Purnima ritual

Responding to the criticism, Mr Patole rejected the allegations and said he neither instructed nor compelled anyone to perform the ritual.

According to the Congress leader, the ceremony took place on Guru Purnima when two younger members of his family voluntarily chose to honour him as their Guru.

He said they insisted on performing the ritual as a mark of respect.

Congress leader hits back at BJP

Mr Patole also countered the BJP’s criticism, saying the party had no authority to lecture others on culture and traditions.

In an apparent reference to the alleged Ram temple donation theft case, he remarked that those who “loot donation funds” should not advise others on cultural values.

The exchange has added to the political sparring between the BJP and the Congress in Maharashtra, with the viral video continuing to generate debate on social media.

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Bypoll results today: First electoral test after student protests begins in BJP-ruled states

Vote counting is underway in three BJP-ruled states, with the bypoll results expected to indicate voter sentiment after nationwide protests over alleged examination paper leaks.

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Bypolls

Counting is underway in Bankipur, Datia and Manjalpur, with the bypolls being closely watched as the first electoral contest following nationwide student protests over alleged paper leaks.

The counting of votes is underway for Assembly by-elections in three BJP-ruled states—Bihar, Madhya Pradesh and Gujarat—in what is being seen as the first electoral test since nationwide student protests over alleged examination paper leaks.

The bypolls were held on Thursday in Bihar’s Bankipur, Madhya Pradesh’s Datia and Gujarat’s Manjalpur Assembly constituencies. Political observers are watching the outcome closely as the results are expected to offer an indication of voter sentiment, particularly among young voters who participated in or were influenced by the protests.

Bankipur contest draws attention amid BJP candidate change

The Bankipur Assembly seat in Bihar has traditionally been considered a BJP stronghold, with the party retaining the constituency in every election so far. The bypoll was necessitated after former MLA and BJP leader Nitin Nabin was elected to the Rajya Sabha.

The contest attracted attention after the BJP’s original nominee, Abhishek Kumar Sinha, withdrew from the race a day after filing his nomination, citing family reasons. The party later fielded its youth wing leader, Neeraj Kumar Sinha.

The opposition seized on the development, claiming the BJP was concerned about retaining the seat. Rashtriya Janata Dal leader Tejashwi Yadav expressed confidence that his party’s candidate, Rekha Gupta, had secured support across different communities and could deliver an unexpected result.

The election also marked the anticipated electoral entry of political strategist-turned-politician Prashant Kishor, adding further interest to the contest.

Datia sees straight BJP-Congress fight

In Madhya Pradesh, the Datia Assembly seat fell vacant after Congress MLA Rajendra Bharti was disqualified on April 2 under provisions of the Representation of the People Act, 1951.

The BJP has fielded first-time Assembly candidate Ashutosh Tiwari against Congress nominee Kunwar Ghanshyam Singh.

Datia has long been associated with former state Home Minister Narottam Mishra, who represented the constituency for three consecutive terms between 2008 and 2018 before losing the 2023 Assembly election. The selection of a new BJP candidate reportedly led to protests by some of Mishra’s supporters.

Congress candidate Kunwar Ghanshyam Singh, a two-time former MLA and member of the erstwhile royal family, is banking on his previous electoral victories, personal connect with voters and dissatisfaction among sections of BJP workers.

Manjalpur bypoll follows veteran BJP MLA’s death

In Gujarat, voting took place in the Manjalpur Assembly constituency after the death of sitting BJP MLA Yogeshbhai Narandas Patel.

The contest is between BJP candidate Satish Govindbhai Patel, a former Vadodara Municipal Corporation councillor, and Congress leader Bhikhabhai Rabari, a former state minister and Gujarat Congress vice president.

Yogesh Patel had represented the Raopura Assembly constituency five times before shifting to the newly created Manjalpur seat after delimitation. He went on to win Manjalpur in 2012, 2017 and 2022, completing eight consecutive Assembly election victories over a span of 36 years.

The bypoll comes after the BJP’s record performance in the 2022 Gujarat Assembly elections, when the party won 156 of the state’s 182 seats.

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Delhi Police to drop case against minor accused of abusing PM Modi, say reports

Delhi Police have decided not to pursue a case against the minor accused of using abusive language against Prime Minister Narendra Modi during the CJP protest at Jantar Mantar after her apology and the Prime Minister’s call for forgiveness.

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Delhi Police have decided not to register a case against a minor girl accused of using abusive language against Prime Minister Narendra Modi during the Cockroach Janta Party (CJP) protest at Delhi’s Jantar Mantar, according to sources.

The development follows the filing of a Zero FIR by Noida Police over the viral video. The FIR had identified the accused as a 25-year-old woman. However, the girl later clarified through a public apology video that she is 15 years old and claimed she made the remarks after being influenced by others present at the protest.

Minor apologises for remarks

In her apology video, the teenager admitted that her comments were unacceptable and expressed remorse.

She said she was only 15 years old and described the incident as her “first and last mistake.” She apologised to the country and sought forgiveness, adding that she felt deeply ashamed of her actions.

PM Modi appeals for forgiveness

Last week, Prime Minister Narendra Modi said he had forgiven the “misguided children” who abused him and appealed to society not to seek punitive action against them.

In an Instagram reel, he said that dragging such children through legal proceedings would not improve the situation and urged people to accept his decision to forgive them.

Mother seeks cancellation of FIR

Following the Prime Minister’s remarks, the girl’s mother thanked him for showing compassion and requested that the FIR registered against her daughter under an incorrect name and age be withdrawn.

She said the Prime Minister had given her daughter a “new life” and appealed for the cancellation of the case.

The mother also urged the government to restrict access to social media platforms such as Instagram and Facebook for children below the age of 18, arguing that minors can be easily influenced and should focus on their education instead of participating in protests.

Background of the CJP protest

The incident occurred during the Cockroach Janta Party’s protest at Jantar Mantar, which continued for more than five weeks over the alleged NEET paper leak. The agitation drew support from thousands of people, primarily students.

The protest concluded last month after Education Minister Dharmendra Pradhan resigned and the government agreed to several of the group’s demands, including assurances of no coercive action against protesters.

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