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SC banned crackers not because they were causing pollution but because there is a ‘virtual consensus’ in society for the ban!

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A great debate goes on in the country today on the ‘cracker ban’ in NCR ordered by the Supreme Court. In spite of this raging debate across media, it is surprising, or perhaps not so surprising, that the actual reasons for the ban, as stated by the Supreme Court itself, and other critical aspects of the judgment remain completely unanalyzed both on the Main stream media and the Social Media.

Read on for some surprising facts about this judgment as given by the Supreme court itself in its own judgement. It is important to first clear out two main misconceptions that everyone has on the reasons for the ‘Cracker ban.’

First Misconception- That Diwali fireworks are the Big / Main reason for Delhi’s Polluted Air:
Am I out of my mind to say that it’s a misconception? No. It’s not me but the Supreme Court itself which says that fireworks are not the main reason for Delhi’s polluted air. Please read the extract from the judgment passed by Justice Madan B. Lokur and Justice Deepak Gupta on September 12, 2017 to know the truth.

Second Misconception – That Crackers have been banned to prevent pollution in Delhi!
When the Court itself says that Crackers are not the main cause for pollution then surely it cannot suggest a ban to prevent pollution, can it? What then is the reason given by the Court for the ban? The reason is “..to test and find out if it helps prevent pollution!” Do not believe me? Read the extract from the latest judgement passed by Justice AK Sikri, Justice AM Sapre and Justice Ashok Bhushan on October 9th 2017.

The above, however, are not the most surprising aspects of the judgements. There is a lot more to it. Read the remaining part of the above point 14.

You would note that from the earlier judgment of September 12 wherein the Court categorically stated that there is no clear proof of pollution linked to Diwali fireworks, the latest judgment states that Diwali fireworks cause a deterioration in air quality to an extent that the city begins to choke!

How did the view of the Hon’ble Supreme Court change as radically as above in span of just 27 days?

Was some new research done or data provided to the Court to prompt it to change its stance? No! The data is the same – A Study done by IIT Kanpur. It is worth noting that this study by IIT Kanpur has

  1. Neither listed Diwali Fireworks amongst the causes of Delhi’s Air Pollution ( See major contributors to Delhi Pollution in Tables below)
  2. Nor is banning / reducing fireworks even remotely suggested in the action plan to improve Air Quality in Delhi. (See Table 6)

Main contributors to Pollution in Delhi – on the five main parameters of Air Quality.

Action Plan presented by IIT Kanpur to improve Air Quality in Delhi

As can be seen, the words Diwali or Fireworks don’t even find mention here. What then led to the Hon’ble Court changing its stance and concluding that Diwali fireworks is a contributor to Delhi’s Air pollution and that it should be tackled first to clean Delhi Air?

The change in stance, seems to have come about because of an “emphatic and passionate plea….” by the  Counsel for the petitioners! Read the extract of the judgment.

Of the three counts on which the counsel made the emphatic & passionate plea, the one which seems to have cut ice with the Hon’ble Court is a ‘plea’ to “test out a Diwali without fireworks!”

So, let the dear countrymen rejoice on being saved from a pollutant which has not been ‘identified as a pollutant and one which has not even been included in the action plan to combat pollution by the experts who have conducted a comprehensive study on the subject!

The countrymen would also be happy to note that there is a “virtual consensus” in the country that crackers should not be burnt during Diwali and that the Hon’ble Court’s Order on the ban is nothing but an effort to give effect to this already prevailing consensus!

Read and extract from the judgment talking about this consensus.

The following questions deserve to be asked and answered:

  • How did the Hon’ble Court get to know of this ‘virtual consensus?’
  • How did the ‘consensus’ evolve in favour of the ban from of widespread consensus against the ban that has prevailed in the country ever since the tyrant Aurangazeb first banned crackers in India?
  • And how suddenly did this consensus break down in the country, as can be seen from widespread outrage against the order, immediately after the passing of this order?

I hope that there is some petition that can be filed to seek answers from the Hon’ble Court

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