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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

New UP Congress chief Aradhana Mishra backs stronger alliance with SP 

Newly appointed UP Congress chief Aradhana Mishra said the party would strengthen its alliance with the Samajwadi Party ahead of the 2027 Assembly election.

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Newly appointed Uttar Pradesh Congress president Aradhana Mishra, also known as Mona, has said the party will take its alliance with the Samajwadi Party forward with full strength ahead of the 2027 Uttar Pradesh Assembly election.

Mishra, the daughter of Congress MP Pramod Tiwari, has been given the responsibility of leading the party’s state unit as Congress prepares for the assembly polls due in around six months, according to the report.

Speaking about Samajwadi Party chief Akhilesh Yadav, Mishra described the SP as a strong partner of the Congress in the INDIA bloc.

“The Samajwadi Party is a partner of ours in the INDIA bloc, and a strong one at that,” she said, while praising the way Akhilesh Yadav has strengthened his party.

Aradhana Mishra backs Congress-SP alliance

Mishra referred to the performance of the INDIA bloc in the 2024 Lok Sabha election in Uttar Pradesh while discussing the alliance’s prospects for the next assembly election.

The INDIA bloc won 43 of Uttar Pradesh’s 80 Lok Sabha seats in the 2024 election, according to the report.

Mishra said the alliance had stopped the BJP’s advance in Uttar Pradesh in the 2024 Lok Sabha election and expressed confidence that the partnership would produce results in the 2027 Assembly election.

“We will take this alliance forward with full strength,” she said.

The new state Congress chief will also have to advance seat-sharing discussions with the Samajwadi Party. The report said Congress wants a larger share of seats, while the SP has not indicated a willingness to give ground, arguing that it is in a stronger position in the state.

Congress announces new UP team

The leadership change is part of a wider organisational reshuffle by the Congress in Uttar Pradesh.

Along with appointing Mishra as state Congress president, the party named Rajya Sabha MP Imran Masood as working president. Chaudhary Virendra Singh was appointed Leader of the Congress Legislature Party.

Devinder Nishad and Alok Prasad were also appointed senior vice presidents of the Uttar Pradesh Congress Committee.

The new appointments bring different social groups into prominent positions in the state organisation. Mishra is a Brahmin, Masood is a Muslim and Rajendra Pal Gautam, the Congress’ AICC in-charge of Uttar Pradesh, is a Dalit, the report said.

Mishra, however, said the Congress does not practise caste or religion-based politics.

She said the party wanted to strengthen the country, protect the Constitution and build a strong alternative ahead of the 2027 election.

Mishra’s challenge ahead of 2027 polls

As the new Uttar Pradesh Congress chief, Mishra will be responsible for strengthening the party’s organisation in the state while also taking forward its alliance with the Samajwadi Party.

The Congress and SP are part of the INDIA bloc in Uttar Pradesh. With seat-sharing discussions ahead of the 2027 Assembly election, Mishra’s comments indicate that the Congress intends to continue working with the Samajwadi Party.

The appointment of Mishra comes alongside other organisational changes aimed at preparing the party for the upcoming assembly election.

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India News

CJP announces October 10 Delhi protest against Gyanesh Kumar

CJP leader Abhijeet Dipke has announced a protest at Jantar Mantar on October 10, demanding the resignation of Chief Election Commissioner Gyanesh Kumar.

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Cockroach Janta Party (CJP) leader Abhijeet Dipke has announced a fresh protest at Delhi’s Jantar Mantar on October 10, saying the demonstration will be held if Chief Election Commissioner Gyanesh Kumar does not resign.

Dipke made the announcement after a CJP demonstration at Mumbai’s Shivaji Park. He called on people from across the country to join the proposed Delhi protest, describing it as a peaceful agitation.

Abhijeet Dipke’s October 10 protest call

In a post on X, Dipke said CJP supporters would march to Delhi and hold a protest at Jantar Mantar if Kumar did not step down. He also said that if Delhi Police stopped the protesters, the location where they were stopped would become their protest site.

The CJP leader had earlier warned of a larger agitation while addressing the gathering at Shivaji Park. He said that if the Chief Election Commissioner did not resign, the movement would expand to Delhi.

CJP’s allegations against the Election Commission

During the Mumbai protest, Dipke alleged irregularities in electoral rolls and questioned decisions concerning the election process. He claimed that 13 crore voters had been deleted over two years and alleged that voter deletions had affected electoral outcomes in several states.

These claims were made by Dipke while addressing the protesters and were not presented in the report as independently established facts.

He also alleged that voters were deleted from constituencies in Delhi, Tamil Nadu and West Bengal and linked these alleged deletions to election results.

The CJP leader further criticised the proposed simultaneous elections framework, alleging that the ruling BJP’s objective was “One Nation, One Election, One Party”.

CJP demands Gyanesh Kumar’s resignation

CJP leaders have been demanding the resignation of Chief Election Commissioner Gyanesh Kumar and have also called for criminal proceedings against him.

The group has criticised the Election Commission over the Special Intensive Revision of electoral rolls and has demanded changes to the law governing the appointment of Election Commissioners.

The Election Commission, however, has said that decisions of the three-member poll body, including those concerning the SIR exercise, were taken unanimously.

Protest at Mumbai’s Shivaji Park

The October 10 Delhi announcement followed a CJP demonstration at Mumbai’s Shivaji Park. The protest was held despite police denying permission for the event, according to the report.

Several groups and individuals participated in the demonstration. The Shiv Sena (UBT) had also extended support to the CJP’s agitation.

Dipke said the CJP would continue its campaign and called for the proposed October 10 demonstration in Delhi under the slogan “Chalo Delhi”.

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MK Stalin attacks Vijay government over hindi signboard in Tamil Nadu

MK Stalin criticised the Tamil Nadu government over Hindi lettering on a State Highway signboard and warned the Vijay-led administration against interfering with the state’s two-language policy.

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MK Stalin

The use of Hindi on a highway signboard in Tamil Nadu has triggered a political row, with DMK chief MK Stalin criticising the Vijay-led Tamilaga Vettri Kazhagam (TVK) government over the issue.

The controversy centres on a State Highway signboard that displayed place names in Tamil, English and Hindi. The board was installed on the Alwarthirunagari-Valliyoor State Highway 93 route through Sathankulam in Thoothukudi district.

Stalin objected to the inclusion of Hindi, saying Tamil Nadu has long opposed what he described as attempts to impose Hindi and warning the state government against altering its established two-language policy.

He questioned whether the use of Hindi on the signboard represented the kind of change promised by the TVK government. Stalin also urged the administration not to interfere with Tamil Nadu’s language policy.

Hindi removed from signboard

Following the controversy, the Hindi lettering was removed from the signboard. The state government also suspended two officials from the Highways Department over the matter and initiated departmental action against them.

According to officials, the Assistant Divisional Engineer and Assistant Engineer associated with the project had failed to inform higher authorities about the inclusion of Hindi on the board.

The Tamil Nadu government has said that the use of Hindi on the State Highways Department signboard was against the state’s two-language policy and warned that strict action would be taken against officials violating the policy.

Stalin targets Vijay government

Stalin also stepped up his criticism of the TVK administration, describing it as a “Reels government” and alleging that it was responding to social media trends involving influencers from northern states.

His comments came amid a wider political debate in Tamil Nadu over the state’s established Tamil-English two-language policy and the use of Hindi in government-related signage.

The latest controversy has therefore brought the language policy issue back into focus, with the DMK questioning the TVK government’s handling of the Hindi signboard and the state administration taking action against the officials concerned.

MK Stalin has criticised the Vijay-led Tamil Nadu government over Hindi appearing on a State Highway signboard. The Hindi lettering was later removed, while two Highways Department officials were suspended and departmental action was initiated.

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