With the Division Bench of the Kerala High Court order modifying its earlier order banning fireworks at religious places at odd hours, status quo is set to prevail in the festival fireworks industry. While modifying the Single Bench order, the court held that there shall be a ban on the use of fireworks between 10 p.m. and 6 a.m., unless the State authorities pass specific orders granting exemption to particular religious places, subject to earlier apex court judgments.
The apex court itself had earlier observed that there shall be a complete ban on sound-emitting firecrackers between 10 p.m. and 6 a.m, while stating that it is not necessary to impose restrictions on bursting of colour/light emitting firecrackers. Although previous judgments had clearly restricted the use of sound-emitting fireworks at odd hours, the festival industry, which is known for flouting rules, often obtains permission from the ruling dispensations by exerting pressure.
Advocate M. Jayasurya, religious scholar and vice president of All India Kisan Morcha, who conducted a study on the festival firework industry in Kerala from 2000 to 2008, said that the industry was then estimated to be worth over ₹2,000 crore with more than 36,400 festivals a year in Kerala. The industry has now grown over twofold the size and now has the potential to bring governments in line.
‘NRI remittance’
The high-octane fireworks displays at festival venues have been boasting a huge fan following over the decades. Although Christian churches had earlier made some effort to rein in the practice, such displays are still popular in many places in Kerala. “In temples, the display has reached a frenetic pitch over the years in tune with the rise in NRI remittance to Kerala,” said Mr. Jayasurya.
According to V.K. Venkitachalam, secretary of Heritage Animal Task Force, the amended Noise Pollution (Regulation and Control) Rules 2000, has clearly stated that the State government can give only exemptions for festivals for a maximum of 15 days in a calendar year. The State government has been issuing separate orders for bursting firecrackers for a duration of two hours during the occasion of Deepavali, Christmas, New Year, Vishu and Thrissur Pooram, billed as the ‘mother of all Poorams,’ in Kerala. Now, the State will have to tread a tightrope, if it wants to entertain the pleas of all religious bodies, said Mr. Venkitachalam.
