New Delhi, Oct 15 : In a significant relaxation ahead of Diwali, the Supreme Court on Wednesday permitted the sale and bursting of green firecrackers in Delhi and the National Capital Region during the festival with conditions aimed at balancing traditions with environmental and health concerns.
The court made it clear that use of green crackers will be confined to specific hours on the day before Diwali and on the festival day itself. The sale of green crackers will be permitted from October 18 to 20 when Diwali will be celebrated.
It also made clear that the relaxation was only on a “test case basis and the same shall be only for the period specified”.
A bench of Chief Justice B R Gavai and Justice K Vinod Chandran allowed the joint request of the Centre and the Delhi government and the pleas of manufacturers of green crackers seeking relaxations in view of the complete ban imposed earlier by the Delhi government in 2024.
“Aggravated environmental pollution resulting in serious health hazards is pitted against the right to life and the right to carry on a profession; as available to the persons engaged in the firecrackers industry and their workmen,” the court said. “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,” it added.
“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. We cannot but reiterate, as this Court held often than ever, that the commercial considerations and the festive spirit should take a back seat when it concerns the environment and health,” the CJI, writing a 21-page order, said.
Passing directions as a temporary measure, the bench followed the approach adopted in the 2018 verdict in the Arjun Gopal case by which the concept of green crackers came into being.
“The sale of green crackers as uploaded on the website of NEERI (National Environmental Engineering Research Institute) shall be permitted commencing from October 18, and continuing only till October 20,” it said.
“The district administration and the police shall ensure that use of firecrackers shall be confined between 6:00 AM to 7:00 AM and 8:00 PM to 10:00 PM on the two days i.e., the one before and on the Diwali day,” it said.
The sale of green crackers shall be permitted only from the designated locations in the NCR which shall be identified by the district collectors in consultation with the district Superintendent of Police and given wide publicity, it said.
“We have to take a balanced approach, taking into account the conflicting interests and permit in moderation, while not compromising the environmental concerns arising. While doing so, we also take note of the concerns raised by Haryana.
“It is their contention that out of 22 districts of Haryana, 14 districts fall within NCR. It is, therefore, the contention that almost 70 per cent of the State is affected by the ban on firecrackers…,” it said.
The order said police authorities, in consultation with district administration, shall constitute patrolling teams to keep a vigil on the designated locations of sale, including officers as nominated by state pollution control boards.
“The patrol teams constituted shall acquaint themselves with the green cracker products as uploaded in website of NEERI and the registrations granted as also the QR codes issued to individual manufacturers,” it said.
The patrol teams will conduct regular reconnaissance to ensure that only the permitted products shall be sold and that too having the QR codes, it said.
“They shall also take random samples for the purpose of analysis, which shall be transmitted to PESO (Petroleum and Explosives Safety Organisation) on violations noticed, the responsibility shall attach to those involved in manufacturing or sale of prohibited products who shall not only be penalised but also their licence/registration from PESO or with NEERI shall stand cancelled,” it said.
Crackers can be sold through licensed traders only, it said, adding they have to be manufactured by those registered with NEERI and PESO.
Crackers seized, which are not manufactured by registered manufacturers, shall be confiscated, it said, adding no firecrackers will be allowed into the NCR region from outside.
“The use of firecrackers with Barium and those not approved by NEERI as green crackers, shall not be permitted and if found for sale or in the possession of individuals/traders, the same shall be confiscated,” it said.
“There shall be no manufacture or sale of firecrackers joined in series (laris),” it said.
It barred e-commerce networks from selling crackers in Delhi-NCR and if undertaken the goods will be confiscated.
“The licences of traders, expired or cancelled after the ban was introduced, shall be renewed for the period stipulated by the statutory authorities,” it said.
The Central Pollution Control Board, in consultation with the SPCBs shall monitor the air quality index (AQI) from October 14 till 25, it said, adding that a report be filed specifying the AQI of each day.
It noted that the issue of air pollution due to firecrackers has been “vexing this court for over a decade”.
It also noted NEERI has developed formulations for green crackers that cut particulate emissions by 30-80 percent, using additives like zeolite and boron-based compounds to suppress dust and improve combustion.
Harmful barium-based compounds have been replaced with safer alternatives such as strontium and potassium, it said.
The order took note of data showing that despite earlier bans, AQI did not show significant improvement, except during Covid lockdown period when overall industrial and vehicular activity was minimal.
On October 10, the top court had reserved its orders on the pleas seeking permission to manufacture and sell green firecrackers in Delhi-NCR. (PTI)
