CHANDRADATH MADHO THE 2025 Summary Offences Amendment Act aptly aims to regulate fireworks usage. The law strives to protect vulnerable human and...
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Maroc - NEWSDAY.CO.TT - A la Une - 12/Jan 02:41
CHANDRADATH MADHO THE 2025 Summary Offences Amendment Act aptly aims to regulate fireworks usage. The law strives to protect vulnerable human and animal populations by mandating permits. However, the law facilitates permit exemptions during holidays, which coincides with peak-time usage of fireworks by the public. The law may also fail to prevent household disturbances and harm to animals, as penalties are insufficient and restricted zones of usage are minimal. The first major challenge of the amended law is its contradictory nature. It stipulates how firework users must mandatorily require a permit to be issued by the police commissioner. But these strict requirements are removed on national holidays at 8 and 9 pm, and Old Year’s Eve from 11.30 pm to 12.30 am. The waivers will open the floodgates for increased usage, especially since the tradition of pyrotechnics is entrenched in Divali, Christmas and Old Year’s celebrations. As VS Naipaul satirises in his classic Miguel Street, some Trinidadians like the character Marvin seek out attention, tacitly or overtly, through a pyrotechnic display, albeit with disastrous outcomes. A second major criticism of the amendment is its allowance for firework usage above a 0.5 km radius from hospitals, farms, forests, parks, zoos and public parks, which could still subject humans and animals to air and land pollution. Notably, the pollution from lighting these fireworks leaves a trail of strontium, barium and aluminium that may generate health risks like coughing and shortness of breath. According to the 2020 Environmental Management Authority survey report, a high percentage of respondents who were exposed to fireworks endure sleep deprivation, irritability and anxiety. The survey also highlights that cats, dogs, birds and livestock have suffered from panic, trauma and displacement of habitat. Furthermore, the amendment has designated firework-free zones without any clarity in definitional clauses. So, we are not certain about the size and ownership criteria that will guide a classification of a zoo, farm or forest, which must be fireworks-free. A third major challenge of the Summary Offences Amendment is the non-punitive structure of imposing $450 fines upon fireworks users who commit legal breaches. This fine is not corrective enough to deter fireworks users. Interestingly, the recent amendment is inspired by the 2017 parliamentary joint select committee’s recommendations to learn from best practices of other nations, notably the United Kingdom. However, in that jurisdiction, the fines for illegal usage are strictly set at the high figure of 5,000 pounds. Furthermore, TT’s one-off licence for firework usage will cost a mere $100 application fee, which may represent a tolerable cost to many pyrotechnic fans. It seems as if the government is intent on placating the fireworks distributors of imported products, rather than heeding the cries of the environmental groups. The expedient passage of the amendment on the back of bipartisan support is commendable. But my concern is if the amendment will usher any actual enforcement of this law, given that the Explosives Act was already in place to treat fireworks offences. The Supreme Court of India has made a 2025 declaration that recognises the challenges to ban fireworks, noting that a legal ban will create an informal economy that will be difficult to police. This view is relevant in TT, where passing laws without enforcement yields no meaningful change. Rather than speculating on whether this amendment will bring change, let us establish a parliamentary joint committee to probe the nature of human-induced noise and air pollution upon all living creatures. In such a national conversation, environmental NGOs, religious groups and industry shareholders in entertainment and fireworks distribution should be invited to share their insights. We need more intelligent discourse about the usage and impact of pollution than we need redundant amendments. The post Towards national conversation on pollution appeared first on Trinidad and Tobago Newsday.
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