11 April, 2016
To
The Registrar General
High Court of Kerala
Ernakulam.
Sul fireworks tragedy at Kollam
The fireworks tragedy at Puttingal Devi Temple at
Paravur on 10.4.2016 has left more than 100 people charred to death
besides many disabled and injured apart from damage to property.
This is not an isolated incident and statistics reveal that more than
500 people have been burnt alive in similar festivals and celebrations
across the State. The existing laws like the Explosives Act and the
Rules framed thereunder or the Standard Operating Procedure (SOP)
are often honoured by its breach by the organisers.
2. Life is the most precious creation on this planet which
cannot be replaced by money and the right to life guaranteed under
Article 21 of the Constitution of India is very valuable. The SupremeCourt has come down heavily on animal race - ‘Jallikattu’ - in the
name of religious celebrations and then why not fireworks which
consume human lives? The deafening noise and widespread pollution
caused by fireworks adds to the woes and miseries of numerous
citizens living in the vicinity.
3. The right to profess, practice and propagate the
religion of one's choice under Article 25 of the Constitution of India
does not take in the freedom to use dangerous crackers. Barium
Nitrate, Pottasium Nitrate, Sulphur and Aluminium Powder are the
main raw materials and a banned chemical - Pottasium Choloride - is
used to accentuate the effect. Palakkad District tops the list for such
man made tragedies and | cannot turn a blind eye to this senseless
celebrations in temples, churches and mosques.
4. The time is more than ripe for immediate judicial
intervention to stop such man made tragedies by banning the use of
the high decibel explosive fire crackers. Pyrotechnics display using
‘Amittu', ‘Gundu’, ‘Kathinavedi’ etc. have to be banned and at best
only low decibel Chinese type crackers can be permitted for display.Thousands gather to witness this spectacle and even the police
personnel find it difficult to ward them away from the spot where
the display is often made.
5. Todays newspapers are replete with the news and
Photographs of this horrific incident at Kollam and a copy of The
Hindu’ and ‘The Indian Express’ are enclosed. The directions in Anand
Parthasarathy v. State of Kerala [2000 (1) KLT 566] are not
effective to curb the menace of dangerous fireworks display. Rituals
and festivals must give way to changing times and lavish use of
dangerous fireworks in the festival centric State has to be stopped
sooner than later.
| beseech you to place this letter before the Division
Bench in order to consider as to whether the same could be treated
as a Public Interest Litigation and appropriate interim orders passed.
(JUSTICE V.CHITAMBARESH)