Firecrackers issue: Environmentalists say noise mapping of all cities a must

Acknowledging the harmful effects of fireworks on the 'ambient air and lungs, eyes and ears of people', the Supreme Court on October 23 ruled that only green crackers will be permitted for manufacturing, sale and use this Diwali from 8 pm to 10 pm.

While environmentalists have lauded the move, they felt that besides the controlled use of firecrackers, noise mapping of all cities should be undertaken and integrated in development plans. Also, similar to air pollution meters installed across cities, noise meters should be displayed in public areas.

"…Immediate effect of burning of crackers is that it results in substantial increase in PM2.5 level which is a very serious health hazard. In fact, this results in severe noise pollution as well which has acute psychological, mental and even physical affect on animals," it noted.

The apex court had earlier said there is a need to take into account all aspects, including the fundamental right of livelihood of firecracker manufacturers and the right to health of over 1.3 billion people in the country, while considering a plea for the ban. The top court had said Article 21 (right to life) of Constitution applies to both segments of people and it needs to maintain a balance while considering a countrywide ban on firecrackers.

It ruled that on Diwali days or on any other festivals like Gurpurab, etc., when such fireworks generally take place, it would strictly be from 8:00 pm till 10:00 pm only. On Christmas and New Year eve, when such fireworks start around midnight, i.e. 12:00 am., it would be from 11:55 p.m. till 12:30 am only. Even for marriages and other occasions, sale of improved crackers and green crackers is only permitted, the court ordered.

It said that the Petroleum and Explosives Safety Organization (PESO) will ensure fireworks with permitted chemicals are purchased/possessed/sold during Diwali. PESO will ensure suspension of the licenses of manufacturers of such fireworks items and appropriate disposal of such stock.

It also said that major Indian cities may explore the option of community fire cracking with strict time restriction as adopted in some countries. Other restriction that can be explored include - bursting of firecrackers may be allowed only in the areas/fields pre-identified and predesignated by respective state governments.

For this purpose, particular area/fields would be pre-identified and predesignated by the concerned authorities. This exercise shall be completed within a period of one week from today so that the public at large is informed about the designated places one week before Diwali, the court said.

Awaaz Foundation, a non-governmental organisation (NGO) based out of Mumbai, tests firecrackers every year to check for noise emissions and chemical content as disclosed on the boxes. “We will be conducting this exercise starting tomorrow. This should be taken as the baseline for all cities to decide on which crackers are green and which are not,” Sumaira Abdulali, convener of the Foundation, told Moneycontrol.

Green crackers should be chemically safe and non-air polluting and humans should not be exposed to more than 70 DB. The fact that the Supreme Court has come up with the concept of green crackers means that it is acknowledging that there is noise and air pollution from crackers and that needs to be tackled. It has acknowledged that besides noise caused by traffic, noise pollution is also caused by additional activities such as construction, firecrackers, railways and airports, she says.

“We need to take into account additional pollutants and factor in pollution caused by the process of urbanisation. Inclusion of noise mapping in development plans is a must. These pollutants impact livability of cities too,” she says, adding as many as 27 cities of Maharashtra are in the process of conducting a noise mapping exercise and integrating it in their development plans. Noise pollution readings should be displayed the same way as air pollution readings are displayed in public.

As for silence zones, it is unfortunate that the Maharashtra government first identified and notified 2300 silent zones and later scrapped all of them except 110. More clarity is required on this issue, she says.

Mumbai High Court in 2016 had ordered noise mapping in all major Maharashtra cities, saying it should be integrated in their development plans. The purpose of noise mapping is to prepare a map of the city with details of silence zones, residential zones, high construction areas in sufficient detail to allow it to serve as a base for strategic planning and development of the city.

Noise mapping is useful for detecting high noise levels in problem areas and ensuring schools or hospitals are not built there. It would also help in demarcation of locations as silence zones (areas comprising not less than 100 metres around hospitals, educational institutions and courts).

Master plans can specify regulations that buildings located close to airports have to follow. Specific sound resistant windows and doors can be used for such buildings. Using noise mapping, locations for banquet halls, schools and hospitals can be identified. In case of integrated townships, clubs, stadia, schools and hospitals should all be planned in the periphery of the township and an adequate buffer created between residential areas, commercial and recreational zones.

Rahul Choudhary, lawyer, Legal Initiative for Forest and Environment (LIFE), said that the Supreme Court's directions are a 'a step forward' but the need of the hour is noise mapping for cities and integrating those with development plans.

"While planning for new projects, a 10 m to 15 m green cover is a must to act as a green belt and a sound barrier," he said.

He also rued the fact that while the rules under the Environment Protection Act state that violation of the rules can invite imprisonment for five years and fine of upto Rs 1 lakh, "hardly anybody has been taken to task for violating these rules."