Permission toburst green crackers during New Year’s Eve in Kolkata, having ‘poor’ air quality, is a violation of Supreme Court order, say experts

Experts have pointed out that the allowing the bursting of green crackers at New Year eve in Kolkata was a clear violation of Supreme Court order, as apex court has directed that such permission can only be given to areas where the air quality stands better than ‘poor’; but city’s air quality was ‘poor’ continuously for several days leading to year-end. Subsequently, the National Green Tribunal reiterated the apex court order.

West Bengal Pollution Control Board and Kolkata Police, in their public communications, have only stated about the time limit for bursting green crackers – 11.55 pm to 12.30 am at New Year’s Eve – but refrained from mentioning the “poor” air quality rider.

Supreme Court, in its order dated December 1; 2020, subsequently referred by another apex court order dated July 23; 2021, directed that “… During Christmas and New Year, green crackers can be used from 11:55 pm to 12:30 am only at places where air quality is ‘moderate’ or below …”.

The principal bench of National Green Tribunal also subsequently said in one of their orders that “… During Christmas & New Year, the green crackers can be used from 11.55 PM to 12.30 AM only at places where AQI is moderate or below as directed by the Hon’ble Supreme Court”.

“Bursting of green crackers is a violation of Supreme Court order if Kolkata had poor air quality during the period” stated advocate Gopal Sankaranarayanan, who has been pursuing the cracker pollution related issues in the Supreme Court. Lawyer Ritwick Datta, who pleads green cases in both apex court and principal bench of NGT, agreed.

Another enviro-legal expert reminded that Delhi government has completely banned the production, sale, and use of all types of firecrackers, including the green crackers, from Diwali to new year celebration in view of capital city’s poor air quality; which was subsequently ratified by the apex court when few people challenged the decision of banning even green firework. “If Delhi can do, why cannot we?” questioned an activist.

According to Central Pollution Control Board (CPCB) figures The Plurals accessed, Kolkata‘s air quality turned ‘poor’– air quality index (AQI) reading in between 201 to 300 – on December 28 with AQI 215; and continued to worsen till December 31, the New Year eve. On January 1, 2023, the AQI was 261. Incidentally PCB has recently informed that Kolkata’s air quality was poor even in the last three winters. “PCB should have considered the green cracker permission at the light of the pollution data of previous years and the fact that the city’s air quality remains at its poorest during December and January,” opined an air emission specialist.

The trend was similar for cities like Asansole and Howrah this year with both cities recorded ‘very poor’ air quality; with AQI values being 346 and 306 respectively on December 31, 2022.

Environment activists have complained about large scale violations. “Forget about the blanket banning of even green crackers in accordance with judicial orders, even the norm of 35 minutes window for only green crackers was blatantly flouted in Kolkata and elsewhere in state; as conventional crackers had burst till late at night. Moreover, there were several DJ and microphone related complaints from various parts of the state,” said Naba Dutta, secretary of environmental civil society platform Sabuj Mancha.

Official data from Central Pollution Control Board supports the allegation; as city’s average noise level in between 12 midnight on Dec 31 to 1 AM of January 1 was found to be around 62 decibels; far above national permissible limits specified for silence zones, residential areas and even the commercial areas during the night time.

Both PCB and police tried to shift the onus one on another; admitting the gaffe in private.

“As per act police is supposed to be the regulator in noise pollution. We have passed on all relevant orders to them” said a senior PCB official.

“PCB is supposed to guide us on technical issues but no such communication came to us from PCB leading to the New Year eve. How are we supposed to know when the air quality has turned poor?” questioned a senior police official from Lal bazar.

“PCB should have published a notification with the poor air rider mentioned in Supreme Court order. Police needs to be technically supported by the PCB as far as possible” observed Biswajit Mukherjee, retired chief law officer of state board and former high court appointed special officer on noise pollution.

“PCB, in none of its communications about green crackers has mentioned this poor air quality rider including its latest communication dated December 23; 2022,” pointed out green activist Subhas Datta.

“I will try to raise this issue of violating Supreme Court direction during an ongoing noise pollution case which is now being heard by the principal bench of National Green Tribunal,” said the activist.