Calcutta High Court Imposes Nighttime Firecracker Ban for Shab-e-Barat in Kolkata
In a significant ruling, the Calcutta High Court has issued a directive prohibiting the bursting of firecrackers from 10 pm to 6 am during the upcoming Shab-e-Barat festival in Kolkata. This decision came on Monday in response to a Public Interest Litigation (PIL) filed by a resident of Ripon Square, who raised concerns about the adverse effects of unregulated firecracker use on public health and the environment.
PIL Highlights Constitutional Rights and Regulatory Gaps
The petitioner, a 36-year-old woman, argued in her PIL that the irregular and rampant bursting of firecrackers during Shab-e-Barat infringes upon her right to life, health, clean environment, and peaceful residence as guaranteed under Article 21 of the Indian Constitution. She emphasized that despite existing police pickets and numerous complaints filed in previous years, no effective action was taken against those violating rules, leading to prolonged air and noise pollution.
Shab-e-Barat, which will be celebrated from the evening of February 3 to February 4, has historically seen a lack of regulatory enforcement compared to other festivals like Diwali, Kali Puja, and New Year's Eve. The petitioner noted that this regulatory vacuum results in firecrackers being burst not only on the night of Shab-e-Barat but from the first day of Shabaan, continuing for several nights and causing significant environmental harm.
Court's Directives and Safety Measures
A division bench comprising Chief Justice Sujoy Paul and Justice Partha Sarathi Sen heard the plea, which sought to ensure that no illegal or hazardous firecrackers are used and that a specific time limit is imposed for their bursting. The court ruled that:
- The Pollution Control Board and police authorities must ensure that only permissible firecrackers, which are not hazardous to the environment, are used during the festival.
- Firecrackers are strictly prohibited from 10 pm to 6 am to mitigate nighttime disturbances and pollution.
Additionally, the court directed the police to provide adequate security to the litigant and her family members during the festival, citing past incidents where she faced threats from anti-social elements for protesting against firecracker use. The petitioner claimed that in previous years, when she objected to the bursting of firecrackers, some individuals threw crackers inside her premises, highlighting the need for protective measures.
Broader Implications for Festival Regulations
This ruling underscores the growing judicial focus on balancing religious celebrations with environmental and public health concerns. By setting a clear time restriction, the Calcutta High Court aims to curb the misuse of firecrackers and promote a safer, cleaner festive environment. The decision also calls attention to the need for consistent regulatory frameworks across all festivals to prevent similar issues in the future.
As Kolkata prepares for Shab-e-Barat, this directive is expected to foster greater awareness and compliance among residents, ensuring that the celebrations are conducted in a manner that respects both tradition and constitutional rights.
