OCULAR TRAUMA SOCIETY OF INDIA v. UNION OF INDIA THROUGH THE MINISTRY OF HEALTH AND FAMILY WELFARE & ANR.
W.P.(C)/3368/2025 · 2026-07-24
Tejas Karia
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 5544 (DEL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 5544 (DEL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3368/2025 & CM APPL. 47076/2026 OCULAR TRAUMA SOCIETY OF INDIA .....Petitioner Through: Mr. Amar Jain & Mr. Amritesh Mishra, Advocates. versus UNION OF INDIA THROUGH THE MINISTRY OF HEALTH AND FAMILY WELFARE & ANR. .....Respondents Through: Mr. Amit Tiwari, CGSC along with Ms. Ayushi Srivastava, Mr. Arpan Narwal, Mr. Ujjwal Tyagi & Mr. Kushagra Malik, Advocates for Union of India.
CORAM:
HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TEJAS KARIA O R D E R %
24.07.2026
1. Heard Mr. Amar Jain, learned Counsel representing the Petitioner and Mr. Amit Tiwari, learned CGSC representing the Respondents.
2. This Public Interest Litigation Petition seeks a direction to the Respondents to formulate and implement comprehensive guidelines for the safe use of firecrackers with a view to prevent ocular injuries to the members of public and further restricting the use of firecrackers in high-risk areas like densely populated areas, public parks, etc.
3. Further, prayer made in the Petition is that the Respondents be
directed to establish a mechanism to monitor and regulate firecracker-related This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/07/2026 at 11:42:12
accidents and injuries and also to introduce penalties for individuals who use firecrackers irresponsibly, particularly when such use causes harm including ocular trauma.
4. An Affidavit has been filed on behalf of Respondent No. 1 enclosing therewith guidelines issued in the year 2026 by the Trauma and Burn Division, Directorate General of Health Services, Ministry of Health and Family Welfare, Government of India which is titled as ‘Guidelines for Safe Handling and Use of Firecrackers in India’. The said guidelines, as observed above have been issued this year and contain detailed instructions to achieve the purpose for which they have been issued.
5.
Learned counsel for the petitioner states that the guidelines however, do not provide for any mechanism for implementation and taking penal action in case, breach of the said guidelines is found or established.
6. Since the said guidelines have been framed only in the year 2026 and effect of the said guidelines are yet to be tested, we permit the petitioner to make a representation/suggestion to the authority concerned, raising his grievances in respect of the alleged deficiencies/lacunae in the said guidelines.
7. The representation/suggestion shall be preferred by the petitioner within a fortnight, which shall be attended to and appropriate decision thereon, shall also be taken by the competent authority within three months from the date any such representation/suggestions is made by the petitioner.
8. In case, on a decision to be taken under this order on the representation/suggestion to be preferred by the petitioner, if any grievances still remain, it will be open to the petitioner to institute appropriate proceedings for redressal of his grievances before an appropriate forum, This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/07/2026 at 11:42:12
including filing of a writ petition before this Court.
9. The instant writ petition along with the pending application stands
disposed of in the aforesaid terms.
DEVENDRA KUMAR UPADHYAYA, CJ TEJAS KARIA, J JULY 24, 2026/A/MJ This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/07/2026 at 11:42:12