New Delhi: Six months after it reaffirmed the blanket ban on firecrackers in Delhi and the National Capital Region (NCR), the Supreme Court Wednesday permitted limited sale and bursting of green firecrackers during Diwali, acknowledging that it was an expression of festive spirit but should not lead to damage to health and environment.
The order, which comes five days before the festival, was pronounced on a batch of applications filed by manufacturers of firecrackers who complained that the absolute ban, instituted in view of air pollution, had impacted the industry severely, affecting livelihoods.
Though the Centre had supported these applications and suggested limited use of crackers during Diwali, Christmas, Gurpurab and New Year’s Eve, the top court’s order does not touch upon the other festivals.
“Bursting firecrackers is an expression of the festive spirit and it enhances the mood in religious and other auspicious ceremonies, embedded in the cultural milieu of India. However, that cannot lead to a situation of causing long-term or even short-term damage to health by an uncontrolled use, based only on traditions and cultural or religious norms,” the order said.
“Commercial considerations and the festive spirit should take a backseat when it concerns the environment and health,” it added.
The bench led by Chief Justice of India B.R. Gavai allowed sale of green crackers from 18 to 20 October, subject to strict conditions on timing, sale locations, and enforcement. It has directed that bursting of firecrackers be restricted to 6-7 am and 8-10 pm on the day before Diwali and the day of the festival.
The court emphasised on taking a “balanced approach, taking into account the conflicting interests and permit in moderation, while not compromising the environmental concerns arising”.
It also took note of concerns raised by the state of Haryana and its contention that out of 22 state districts, 14 fall within the NCR. Therefore, almost 70 percent of the state was affected by the ban.
An important point considered by the court was whether there was a substantial difference in the AQI (air quality index) in the years 2018 and 2024 when the cracker ban was imposed.
“It has been fairly stated that there is not much difference except the Covid period when the AQI had drastically come down,” it noted. However, considering environmental and health concerns of citizens, the CJI issued guidelines for limited bursting of green crackers during Diwali season.
The order noted Solicitor General Tushar Mehta’s “fervent plea to the child” inside the judges made on 10 October, the previous hearing in the matter, to lift the ban imposed on firecrackers, but CJI Gavai desisted from the same.
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The limited sale and bursting of crackers is subject to conditions. The bench has instructed that police authorities must form patrolling teams to ensure only permitted products with QR codes are sold, as suggested by the Centre on 10 October.
“Sale of green crackers will be permitted from 18th October to 20th October. Police authority to constitute (a) patrolling team to keep an eye that only permitted products with QR codes are to be sold. Violation notice to be attached for persons who violate the rules,” the order said.
There shall be no manufacture or sale of firecrackers joined in series (laris). There shall be no sale of firecrackers through e-commerce platforms, the order added, warning that licences of violators may be suspended, as suggested by the central government.
Only sale of green firecrackers approved by the National Environmental Engineering Research Institute (NEERI) will be allowed at designated locations, to be identified by district collectors or commissioners in consultation with the police. These spots must be given wide publicity.
Patrolling teams must familiarise themselves with approved products, conduct regular checks, and take random samples to ensure compliance. Only firecrackers from registered and licensed manufacturers can be sold, and unauthorised products must be seized immediately, according to the order.
The court also directed the Central Pollution Control Board (CPCB) and state pollution control boards monitor the AQI across NCR from 18 October and submit detailed reports to the court. Sampling of water during the period had also been ordered.
This came after the court noted CPCB’s air quality findings during Diwali 2017, when fewer firecrackers were used because of stringent directions issued by the SC and lesser pollution was recorded compared to the previous year.
It also noted that in 2016, after Diwali celebrations, PM 2.5 levels in the air were 29 times above the standards laid down by the World Health Organization and that the AQI, “which in Delhi generally hovers around 500, crossed 700 immediately after Diwali”.
The court recalled that the concept of green crackers emerged after the Arjun Gopal judgment of 2018 banning all non-certified firecrackers, and that over the past six years, such products had significantly reduced emissions, aided by NEERI’s research.
It also made clear that the directions were temporary in nature for Diwali and directed that all other applications on the issue be listed after three weeks for consideration.
In April this year, the top court had said it would not reconsider the ban on firecrackers unless it was satisfied that pollution from green crackers was minimal. Subsequently, in September, it allowed the manufacture of green firecrackers but maintained restrictions on their sale in prohibited areas.
Delhi and neighbouring state governments, along with manufacturers, later moved the court seeking limited permission for use of firecrackers on Diwali and other festivals such as Christmas, Gurpurab and New Year’s Eve.
Referring to the Delhi government’s October 2024 order imposing a total ban on firecrackers (later extended to the entire NCR), the CJI clarified that the present relaxation was carefully regulated.
He further directed that no crackers from outside NCR were to be brought into the region and that any fake or non-compliant products would result in the suspension of licences.
(Edited by Nida Fatima Siddiqui)
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