Fireworks and our right to a decent environment

According to Article 18A of the Constitution of Bangladesh, the state shall endeavour to protect and ameliorate the environment and to preserve and safeguard the natural resources, biodiversity, wetlands, forests and wildlife for the present and future citizens. By declaring this, our country has pledged to ensure a decent environment for its citizens.

Fireworks have long been used to celebrate, yet they frequently cause us to forget about the impact of the sparks, flames, fumes on the elderly and sick, children, pets, stray animals, or any living beings. Unexpected and unpredictable blaring noise can cause panic reactions among living beings. Additionally, fireworks contribute to environmental degradation.

As stated in Article 25 of the Universal Declaration on Human Rights (UDHR), everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing, medical care and necessary social services. The expression, "standard of living" comprehends the existence of quality of the environment which is cardinal for survival. The International Covenant on Economic, Social and Cultural Rights (ICESCR), 1966 includes the right to a decent environment which provides the right to the improvement of all aspects of the environment and industrial hygiene as relates to the right to health. According to Article 18A of the Constitution of Bangladesh, the state shall endeavour to protect and ameliorate the environment and to preserve and safeguard the natural resources, biodiversity, wetlands, forests and wildlife for the present and future citizens. By declaring this, our country has also pledged to ensure a decent environment for its citizens. Acts that wreak demolition on the environment violate internationally recognised human rights.

If we look at the legal framework for fireworks in Bangladesh, the Noise Pollution Control Rules, 2006 has set the acceptable sound limit for daytime and night in silent areas, residential areas, mixed areas, commercial and industrial areas. In some areas, it also forbids excessive noise levels. The punishment is one-month imprisonment and/or a fine of up to 5,000 BDT. These rules, however, are rarely followed, resulting in increased noise pollution.  Under the Rules, a set of regulations has been defined for controlling noise in some ways, but it is largely neglected by most of the people in our country. Though the Noise Pollution (Control) Rules 2006 references noise from construction machines and vehicles, it does not particularly address noise from fireworks. Despite the fact that the Explosive Act of 1884 recognises fireworks as an "explosive" substance, it fails to define it.

Most countries have stringent laws which are constantly being revised, in place to regulate individuals' handling of all types of explosive devices, including fireworks. These regulations govern the manufacturing, supply, possession, transportation, storage, and use of firework equipment. In Germany, fireworks are only allowed for one hour every year. They can only be purchased during a few designated days right before the New Year. Fireworks are historically set off in England on Guy Fawkes Day, New Year's Eve, Diwali, and Chinese New Year, and they can only be purchased a few days prior to these festivals. Only consumer fireworks are allowed to be used all around the year in Mediterranean nations like Spain and Malta. Consumer fireworks are often smaller and have lower explosive qualities than professional explosives. As stated by reports, the "Be Safe Not Sorry" campaign commenced in Nottingham, United Kingdom, after the region was besieged with letters from readers condemning the noise disturbance and grief that fireworks produce.

On that account, our judiciary should look into the situation seriously and provide directives to protect the environment from the negative impacts of fireworks. Our laws must include regulatory provisions to prevent pollution and accidents caused by fireworks. However, laws alone are not enough; the government must ensure that they are strictly implemented.

The writers are Students of Law, University of Chittagong.