State PCS - Haryana (HCS)

• 07 May 2025

SC Warns to Ensure Ban on Firecrackers

Why in News? 

On 6 May 2025, the Supreme Court directed the governments of Uttar Pradesh, Rajasthan, and Haryana to strictly enforce the firecracker ban in NCR areas and warned that any failure to comply would invite contempt action. 

 Key Points 

• Instructions by the Court: 
  • The Court instructed the states to issue directions under Section 5 of the Environment Protection Act (EPA) to implement the ban. 
  • Section 5 empowers the Central Government to instruct any authority or officer to act for environmental protection. 
  • The Bench emphasized that both the Court’s earlier orders and the EPA directives must be strictly enforced by state law enforcement agencies. 
• Strict Implementation: 
  • The Court demanded “scrupulous implementation” of the ban and asked states to set up dedicated enforcement mechanisms. 
  • It warned that any failure by officials or authorities to implement the orders could lead to contempt proceedings under the Contempt of Courts Act, 1971. 
  • The Bench ordered all NCR states to submit compliance affidavits and to widely publicize the ban and related penalties. 
• Previous Directives: 
  • In December 2024, the Court had already directed Uttar Pradesh and Haryana to impose a complete ban on firecrackers until further notice. 
    • It acknowledged that Delhi had implemented a round-the-year ban on all firecracker-related activities, including online deliveries. 
  • The Bench called for uniformity in enforcement across NCR, noting that Rajasthan had already imposed a similar ban in its NCR regions. 
    • The Court stressed that bans are effective only if all NCR states enforce them together. 

 Environment (Protection) Act  

• About: 
  • It was enacted in 1986 with the objective of providing the protection and improvement of the environment. 
  • It empowers the Central Government to establish authorities charged with the mandate of preventing environmental pollution in all its forms and to tackle specific environmental problems that are peculiar to different parts of the country. 
  • The Act is one of the most comprehensive legislations with a pretext to protection and improvement of the environment. 
• Background:  
  • The roots of the enactment of the EPA lies in the United Nations Conference on the Human Environment held at Stockholm in June, 1972 (Stockholm Conference), in which India participated, to take appropriate steps for the improvement of the human environment. 
    • The Act implements the decisions made at the Stockholm Conference. 
• Constitutional Provisions: 
  • The EPA Act was enacted under Article 253 of the Indian Constitution which provides for the enactment of legislation for giving effect to international agreements. 
  • Article 48A of the Constitution specifies that the State shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country. 
  • Article 51A further provides that every citizen shall protect the environment. 

 Contempt of Court 

• About: 
  • Contempt of court seeks to protect judicial institutions from motivated attacks and unwarranted criticism, and as a legal mechanism to punish those who lower its authority. 
• Statutory Basis: 
  • When the Constitution was adopted, contempt of court was made one of the restrictions on freedom of speech and expression under Article 19 (2) of the Constitution of India. 
  • Separately, Article 129 of the Constitution conferred on the Supreme Court the power to punish contempt of itself. Article 215 conferred a corresponding power on the High Courts. 
  • The Contempt of Courts Act, 1971, gives statutory backing to the idea.