Even if violated widely, Supreme Court order on firecrackers is good starting point for change: Experts


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The Unabashed Violations Across India's Supreme Court-imposed restrictions on firecrackers during Diwali have cast doubts whether such orders can be enforced in such a short time.

But legal experts say the order is certainly implementable in the long run, even if it appears a monumental task, and law enforcement agencies must be accountable for the breaches that can hurt the aggressive efforts to combat pollution.

Firecrackers have been published before the Supreme Court, and have been off-the-cuffed on Thursday.

As a consequence, New Delhi was shrouded in a thick haze, recording its worst air quality of the year after diwali has entered the severe-plus emergency category, or 10 times the permissible limit due to rampant bursting of toxic firecrackers, authorities said.

Still, experts, both legal and environmental, said the Supreme Court were in the right direction for gradual implementation, and would set the tone for policy making on the issue of controlling pollution, dismissing criticism that it was not practical to implement the order.

"The Supreme Court's obeyed at the time of the festival but it did not succeed in many areas …" Such magnum orders can only be treated as restraint, "senior advocate Rajeev Dhavan said.

He and other experts said law enforcement agencies have been made accountable for the non-compliance of the two-hour window granted by the apex court on October 23, and for bursting of the less polluting so-called green crackers.

Gopal Sankaranarayanan, another advocate who has been arguing for the ban of firecrackers, said the order in the country, barring the national capital for which he blamed Delhi Police.

"The time limit (fixed by the supreme court) is in the country." In Delhi, police decided not to implement it. the Commissioner of Police disobeyed it, "he said, citing the statement that SHOs of concerned police stations would be accountable for the violations.

The experts said the apex is going to lead to a breakthrough in polluting crackers and the next.

Aparajita Singh, who has been assisting the apex in an amicus curiae in air pollution matters, said even if the "positive" order was not implemented in "totality", it was a "huge step".

Anumita Roy Chowdhury, Executive Director at the Center for Science and Environment who is assisting the world in various types of pollution-related matters, said law and regulations.

The Supreme Court Advocate Rakesh Dwivedi. "That's going to be the most difficult task, to change the people," he said.

He said the court stepped in the "government was doing nothing". In his opinion, the short apex could have come out with clearer directions on issues like green crackers.

The lawyer also pointed out that the directions were lacking in clarity. From the next time, he hoped, it will be more clear to the police and the administration in complying with the orders.

According to Dhavan, when the matter was with Justice M B Lokur, he pioneered the idea that obnoxious substances should not be used. This problem can not be avoided because of the problem, he added.

In the High Court judge Ajit Sinha's view, it can not be said that the apex court order was not implemented. The problem is that the bringing up of the audience is one of those things that is going to happen, he said.

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