Supreme Court Rejects Firecracker Makers' Plea To Use Barium & Joined Crackers

The Supreme Court on Friday rejected an application filed by the firecracker manufacturers association to include barium with improved formulations in green crackers. The Court clarified that the earlier orders passed by it banning the use of barium-based chemicals in fire crackers will prevail.

The Court further rejected another application filed by the firecracker manufacturers to use joined crackers. A bench comprising Justices AS Bopanna and MM Sundresh passed the order. "These two applications (for use of barium with improved formulations and joined crackers) we have declined for the present. We are not allowing for the present. The other applications are kept pending", Justice Bopanna orally said. 

The Apex Court has been hearing the matter since 2015 and has passed several interim directions from time to time. 

Previous Hearing

Last week, the Apex Court told BJP MP Manoj Tiwari that it won't interfere with the firecracker ban imposed in the National Capital Territory of Delhi. "Locally if there is a ban, there is a ban. We will not interfere", Justice Bopanna had orally stated.

In last week's hearing, Sr. Adv. Gopal Sankaranarayanan appearing for the petitioner (seeking the ban) had pointed out that despite the ban and the orders of the Court, manufacturing and transportation of crackers is still taking place. He added that barium, despite being banned is also being used in crackers, without being labelled in the product.

Sr. Adv. Shyam Divan, appearing for one of the respondents, had submitted that formulations with reduced quantities of barium have been developed by CSIR NEERI (National Environmental Engineering Research Institute), which is a huge development in this regard.

In this context, Justice Sundresh had remarked that barium as was used earlier could not be used, but the question for consideration for the Court would be if it can be allowed with the new formulations. “Earlier orders were passed in a different context, where substantial research had not been done. Now research institutes have come up with new formulations.” he had said.

Sankaranarayanan had also argued that no health body had informed the Court that barium is safe for use. “Let the respondents show the health impact of barium”, he had said.