Abstract:
The preamble to the Indian
Constitution promulgates India as a sovereign, socialist, and
secular nation. The country's diversity is attributed to its
countless festivals, faiths, and beliefs. Moreover, burning
firecrackers is a vital part of these festivities. Though
firecrackers are meant to bring joy, they have ironically
turned into the sorrow of the public, its health, and the
environment. They have marred the beauty of the joy
associated with those celebrations. In contemporary times,
where ecological and health awareness have attained their
most excellent attention, issues such as the legality of
using firecrackers and their impact on people's lives are no
longer untouched. India, being the largest democracy and a
host to pluralistic ideologies, has witnessed political
battles, legislative debates, and legal battles on the same
bone of contention.
India is committed to the United
Nations Sustainable Development Goals, the Climate and Clean
Air Coalition, UNFCCC and its Paris Agreement, and the Kyoto
Protocol. However, it is not a signatory to the Working
Environment (Air Pollution, Noise and Vibration) Convention,
1977. On the national front, it has legislations like the
Environment Protection Act, the Air (Prevention and Control
of Pollution) Act, and the Noise Pollution Rules, and on the
state level, the governments are committed to bringing
directions and introducing laws concerning the usage of
firecrackers. The rising global concerns of air and noise
pollution have also raised the alarm in the country for the
administration. India's most pressing environmental issue in
contemporary times is its hazardous air. In fact, by 2024,
India's national clean air strategy hoped to cut particulate
matter emissions by up to 30%. This paper assesses the
existing legal provisions, their effectiveness, and potential
areas for improvement. The paper will also compare the law
with the regulations of several other countries. The study
explores the balance between cultural practices, public
safety, and environmental protection and provides
recommendations for enhancing the legal framework surrounding
fireworks in India.
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