Introduction: The Calcutta High Court has taken notice of the West Bengal Pollution Control Board's (WBPCB) decision to raise the permissible noise levels for green firecrackers from 90 decibels (dB) to 125 dB. This move has come under scrutiny following a petition filed by an environmental NGO, Sobuj Mancha, during the Durga Puja recess. The high court vacation bench, consisting of Justices Sabyasachi Bhattacharyya and Partha Sarathi Chatterjee, has ordered WBPCB to provide an explanation for the relaxation of these noise limits.
Background:
The state of West Bengal has a history of imposing restrictions on the sale and bursting of firecrackers, particularly in the interest of environmental and public safety. In 2021, the government had banned all firecrackers except green firecrackers, which are considered environmentally friendly. Over the years, the state has seized a substantial quantity of banned firecrackers, citing safety concerns due to accidents and deaths at illegal firecracker factories.
Controversy and Legal Standpoints:
Lawyers representing WBPCB have defended the relaxation of noise limits, citing a 1999 order from the Supreme Court, which is said to be followed nationwide. According to the order issued by WBPCB on October 17, green firecrackers' noise levels were permitted to be within 125 dB, while light-emitting green firecrackers could be within 90 dB, measured at a distance of four meters from the point of bursting. The order was based on the formulation of CSIR – NEERI (Council for Scientific & Industrial Research-National Environmental Engineering Research Institute).
However, the NGO, Sobuj Mancha, has raised questions about the rationale behind this decision, emphasizing the timing of the order, especially in the run-up to Diwali and Kali Puja. They argue that the state and Kolkata police, responsible for detecting and seizing illegal firecrackers, face challenges in implementing the new guidelines.
Babla Roy, chairman of the West Bengal Firework Manufacturers’ Association, has welcomed WBPCB's decision, asserting that the state had maintained a lower decibel limit for 24 years, whereas the Supreme Court had allowed a maximum of 125 dB in 1999. The lower decibel limit in West Bengal had been challenged previously, but courts upheld the state's authority to set its own environmental standards.
Current Guidelines:
This year, the West Bengal government has announced specific timeframes for the use of green firecrackers. They can only be used for two hours (8 pm to 10 pm) on Diwali and for 35 minutes (11:55 pm to 12:30 am) on Christmas and New Year's Eve.
Conclusion:
The Calcutta High Court's decision to question the relaxation of firecracker noise levels by WBPCB highlights the ongoing debate between environmental concerns and cultural and religious traditions. As the court seeks explanations, the outcome of this legal battle will have implications for the use of firecrackers not only in West Bengal but also nationwide, as it invokes the 1999 Supreme Court order as its foundation. This controversy underscores the importance of balancing tradition with environmental responsibility in our changing world.