Don't ban fireworks; regulate its use, educate people

Could the tragedy caused by fireworks at the Puttingal Devi temple at Paravur in Kollam district of Kerala have been prevented? This may appear a hypothetical question after the event, but the answers to it are key to prevent such accidents in future. Two issues need to be considered in this context. One relates to the adequacy of laws and regulations governing display of fireworks and the second to their implementation.

The manufacture and display of fireworks are governed by the Explosives Rules, 2008 issued by the Department of Industrial Policy and Promotion of the Central government. There are different categories of explosives. ‘Fireworks’ are defined as low hazard explosives comprising any device manufactured with a view to produce coloured fire or flame, light effect, sound effect etc.

The rules clearly specify the requirements relating to storage, packing, transport, delivery, maintenance of premises and precautions to be taken against accidents. The authorities involved in the implementation of the rules are the Chief Inspector of Explosives and the District Magistrate (DM).

Accidents relating to fireworks have been taking place from time to time in India. In 2009, 40 people were killed in a blast in Sivakasi, a major fireworkss manufacturing centre. Again in 2012, another incident in the same place left 40 dead and several injured, that too in a factory without a valid licence.

In case of the Kollam incident, where 120 died and 350 were injured, the DM had refused permission for the use of fireworks. The matter should have ended there. But the temple authorities were not the ones to leave it at that. Pressure was exerted on the DM from various sources but to his credit, he stuck to his guns. The version of the temple authorities is that, oral permission was obtained. If that was indeed the case, the question arises as to who gave the permission.

The state home minister made a media statement that fireworks display at the temple was a tradition and if it was not carried out, there would have been a law and order problem.

Nobody will own up the responsibility, but it can be surmised that the oral permission had come from political sources, be it the minister or some other person in authority. The police obviously turned a blind eye.

Poor implementation and enforcement of laws has been a key feature of governance in India. Having denied permission, the district administrators should have been vigilant about the activities of the temple authorities, knowing well that the latter would not easily give up a longstanding practice. The DM has the necessary powers of search and seizure under the law and he can take appropriate preventive action. Why did he not exercise these powers?
The ground reality is not as simple as it may appear. Having been in the shoes of the District Magistrate, I can say that it is much more difficult to face the wrath of the people than resist the pressures of the politician.

The tradition-bound people of India are fanatical about following longstanding practices which may appear irrational in the modern context. In the absence of permission, the possibility of a law and order problem can not be ruled out. How does one deal with such a complex situation? 

The outright rejection of fireworks display is not a practical solution. After all, every Deepavali is an occasion for bursting firecrackers and it happens all over the country. Other occasions include celebration of victories in sports or elections, Dasara and similar festivities. Moreover, fireworks are not something peculiar to India. The US celebrates its Independence Day on July 4 with a spectacular show of fireworks.

Similar celebrations take place on occasions like National Day in Singapore, New Year’s Eve in Australia and China and the Montreal fire festival in Canada. China happens to be the largest manufacturer and exporter of fireworks in the world. In Japan, during summer, display of fireworks takes place in several places. An annual competition called the World Pyro Olympics takes place in Manila where the top fireworks companies take part.

Safety must
What is important is that precautions be taken to ensure safety and minimise environmental damage. Under the Explosives Rules, an applicant for the manufacture of fireworks is required to submit a Safety Management Plan to the DM. The plan must include provision for training of the concerned persons not only in manufacturing but in handling, transport and storage. How much of this is followed in practice is anybody’s guess.

The enquiry into the Paravur temple incident must bring out the failures in enforcing the law and pin responsibility on those who failed to discharge their duties.

Apart from enforcing mandatory requirements, it would be useful to encourage voluntary effort in creating awareness on the handling and use of fireworks. A distinction must be made between small fire crackers used by consumers and huge displays during mass gatherings.

For instance, the Pyrotechnic Guild International is a worldwide non-profit organisation that promotes safe usage and enjoyment of fireworks. It holds an annual convention in August every year where the biggest and finest fireworks are displayed. It also conducts training programmes and provides certification after testing.

The district authorities in India should consciously promote voluntary groups on similar lines in places where large displays of fireworks are held. A Fireworks Display Operation Certification course could be designed and a successful completion of the course made mandatory for those involved in the operations.

Let us not ban something that is a joy to behold, but let us not allow it to turn into a nightmare. 

(The writer is former Chief Secretary, Government of Karnataka)