By Rupin Chopra and Apalka Bareja
Introduction
Fireworks are an integral part of celebrations across India, not limited to just Diwali. Whether it’s marking the onset of a new year, celebrating India’s victories in cricket matches, or participating in festivities with local communities, fireworks are a customary inclusion. Consequently, the demand for fireworks remains consistently high, particularly during Diwali. It’s common during Diwali to witness temporary fireworks stalls erected in open spaces across both urban and rural areas. Moreover, there exist numerous established brands that specialize in trading fireworks year-round, catering to various festivals and personalized events such as weddings, cricket matches, and even election result announcements. The sale of fireworks, which are considered low intensity explosives, are primarily governed by the Explosives Rules of 2008, framed under the parent statute, Explosives Act of 1884. Thus, these vendors must possess a valid license sanctioned by law to engage in the sale of fireworks.
Further, manufacturing of fireworks in India is essential due to various safety and environmental concerns. Fireworks production involves handling potentially hazardous materials and processes that can pose risks to both workers and the surrounding communities. Without proper regulation, there’s a heightened risk of accidents, including explosions and fires, which can result in loss of life and property damage.
Firecracker factory blast in Madhya Pradesh
A firecracker factory in Harda district of Madhya Pradesh caught fire recently, resulting in the loss of 12 lives and causing injuries to more than 150 people. Following the blast, 12 firecracker factories in the Harda district were shut down by the government for failing to adhere to the directives and regulations set forth by the authorities.
As per the reports, the owner had four licenses, of which two were of the L-5 category and the others of the L-2 category. Under the L-5 license, a factory owner can keep 300 kg of explosives and under L-2 license, only 15 kg is permitted, which were insufficient for the said factory.[1]
The charges filed against the owners and the manager of factory under sections 304 (culpable homicide not amounting to murder), 308 (attempt to commit culpable homicide), and 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code (IPC), along with Section 3 of the Explosive Act.[2]
License for fireworks
The Indian government has approved the use of Class 7 explosives for export, transportation, manufacturing, or sale as fireworks. Retailers seeking licenses to sell fireworks can opt for either temporary or permanent licenses. The operations of such establishments are regulated by the Explosives Rules of 2008 and the Explosives Act of 1884. The power of granting such temporary or permanent license is generally vested with the Deputy Commissioner of Police and Additional Commissioner of Police respectively with different guidelines for every region. Given the potentially dangerous nature of the fireworks industry, it is crucial to ensure that all safety measures are strictly followed in these establishments. License applications must be submitted to the Petroleum and Explosive Safety Office (PESO), a department under the Ministry of Commerce and Industry responsible for overseeing the manufacture, import, export, transportation, storage, and usage of explosive materials, fireworks, and other hazardous substances.3
General conditions for obtaining fireworks license:
- Before commencing the business of fireworks shop, it shall obtain the license for selling fireworks from the Deputy Commissioner’s office by furnishing the application along with the required forms and mandatory documents as notified by the Police or local government.
- The applicant has to deposit the stipulated fee along with the application and the documents in the PESO (Petroleum and Explosives Safety Organisation) office
- For verification, the officer concerned from PESO will visit the site for the inspection of the completed facilities.
- Once the above-mentioned procedure is successfully completed, the applicant may be granted a license.
As per Delhi Police’s general guidelines for obtaining temporary fireworks license following conditions have been notified:
- Grant of temporary fireworks licences shall be granted in accordance with the provisions of The Explosives Act, 1884, The Explosives Substances Act, 1908, The Explosives Rules, 2008, directions & guidelines of Hon’ble Supreme Court of India, the Explosives Department, Government of India (PESO), the Fire Department and the Environment Department, Government of NCT of Delhi.
- No person below the age of 18 years and no person who is addicted to intoxication or of unsound mind shall be granted a licence.
- The shop must be located on a minimum of six (06) meters wide clear motorable road (excluding obstructions like electric poles, kerbs, covered drains, pillars, raised pavements etc) with entry and exit facing the road, thus making it accessible for firefighting.[4]
Conclusion
The legal landscape of fireworks industry in India is evolving. With the rise of green crackers which are considered significantly safer and increased regulations with respect to conventional crackers/fireworks, the industry is shifting its dynamics. It can be concluded that balance must be maintained between the production of firecrackers and the broader societal and environmental concerns.
Kartikey Maithani, Trainee Associate at S.S. Rana & Co. has assisted in the research of this Article.
[2] Available at: https://www.indiatoday.in/india/story/madhya-pradesh-seals-12-firecracker-factories-harda-blast-2499135-2024-02-08
[3] Available at: https://peso.gov.in/web/index.php/authorized-fireworks
[4] Available at: https://licensing.delhipolice.gov.in/V2/PublicNoticeFile?fileName=Guidelines%20for%20Firecracker%20License.pdf