SUPREME COURT: RELAXING THE FIRECRACKER BAN ON A TEST CASE BASIS

The Supreme Court has relaxed the complete ban on the sale and use of firecrackers in the Delhi-National Capital Region (NCR) on the occasion of Diwali, allowing government-approved "green crackers" on a "trial basis".

 

The order is said to seek to strike a balance between the livelihood concerns of the firecracker industry, festive traditions, and the public health crisis caused by air pollution in the region every winter.

 

The court's decision came after both the central government and the Delhi government supported the conditional relaxation, which is a temporary one, modifying earlier orders.

WHAT ARE THE NEW DIRECTIONS FROM THE COURT?

The Supreme Court has laid down a strict regulatory framework for this temporary relaxation. The key directions are:

 

• Only green crackers, as approved by the National Environmental Engineering Research Institute (NEERI), can be sold and used.
• The sale of these crackers will be permitted only from October 18 to October 20, 2025.
• Crackers can only be sold from designated locations identified by District Collectors and police authorities, which will be widely publicised.
• The use of firecrackers is restricted to two days – the day before Diwali and the day of Diwali. The timings are confined to one hour in the morning, 6-7 am, and two hours in the evening, 8-10 pm.
• Crackers containing barium salts or other chemicals banned by previous court orders are strictly prohibited.
• The sale or purchase of firecrackers through e-commerce websites is banned. Any such supply will be seized.
• The manufacture and sale of joined firecrackers, commonly known as ‘laris’ or series crackers, are not allowed.
• Police and pollution control board officials will form patrolling teams to monitor designated sale sites, verify authenticity, and take random samples for testing.
• Violators – both manufacturers and sellers – will face penalties, including the cancellation of their licences.

REASONS FOR RELAXING THE BAN

The court acknowledged that a complete ban has its own set of problems. Therefore, a "balanced approach" has been adopted. It's believed that despite the ban, traditional and highly polluting firecrackers are being smuggled into the NCR and used rampantly. Allowing less polluting alternatives, such as green firecrackers, in a regulated manner may be more effective than a complete ban, which is difficult to enforce.

 

Green crackers can reduce particulate emissions by 30-80%, offering a viable middle ground. NEERI's work on green crackers has been praised. NEERI is also the designated body to test and certify these products as "green," ensuring they meet the prescribed criteria of at least a 30% reduction in particulate emissions.

 

Both the Centre and the Delhi government argued in favour of easing the restrictions and assured the court of strict adherence to the norms.

 

The court considered the economic hardships of the firecracker industry and its workers, as well as the concerns of neighboring states like Haryana, Uttar Pradesh, and Rajasthan, a large part of which falls within the National Capital Region (NCR) and has been affected by the ban. The order aims to balance the "right to carry on a profession" with the fundamental "right to life," which includes the right to a clean environment.

 

WHAT IS THE BACKGROUND OF THIS CASE?

The legal battle over firecrackers in Delhi is a decade old. It began in 2015 when three children, through their parents, filed a writ petition in the Supreme Court seeking protection from the harmful effects of air pollution, including a ban on the use of firecrackers.

The Court delivered a ruling in 2018, banning conventional firecrackers and introducing the concept of low-emission "green firecrackers" for the first time, as well as a two-hour window for bursting them on Diwali in Delhi.

 

As air quality in the NCR steadily deteriorated every winter, the National Green Tribunal imposed a "complete" ban on the sale or use of firecrackers in the NCR during Diwali in 2020. Subsequently, the Delhi Pollution Control Committee (DPCC) began issuing blanket bans for the last few months of each year. In December 2024, the Supreme Court extended this ban to the entire NCR.

 

Despite these bans, enforcement remained a challenge. Air quality data from the Central Pollution Control Board (CPCB) shows that the 24-hour average air quality index on Diwali has consistently remained in the "very poor" or "severe" category since 2016.

 

 WHAT ARE 'GREEN CRACKERS' AND THEIR KEY FEATURES?

The term 'green crackers' does not mean pollution-free. It refers to a formulation developed by the Council of Scientific and Industrial Research (CSIR) and NEERI that has a reduced environmental impact compared to traditional firecrackers.

They do not contain harmful chemicals like barium nitrate, arsenic, lithium, or mercury.

They are designed to release water vapour or dust suppressants that trap a portion of the particulate matter generated.

They are claimed to reduce PM2.5 emissions by at least 30%.

They have a lower noise intensity, capped at 120 decibels.

Manufacturers must obtain a license from the Petroleum and Explosives Safety Organisation and a certificate from CSIR-NEERI to produce and sell them. Authentic green crackers can be identified by a green logo and a QR code on the packaging.

The Supreme Court clarified that this year's "exemption is only on a trial basis." It directed the CPCB to conduct intensive air quality monitoring from October 14 to October 25 and submit a report.

WHAT PEOPLE AND EXPERTS SAY

Some people are calling the Supreme Court's decision a historic decision. Some say that not only does Delhi-NCR have the right to clean air, but the air of the entire country should be clean. Experts have praised the effort to balance festive traditions and public health, but have cited challenges in distinguishing green crackers from traditional firecrackers.

 

Concerns are being raised about a possible decline in progress towards reducing air pollution in Delhi. There is doubt about the efficacy of green fireworks as a true low-emission alternative. The decision to allow green fireworks reverses a previous decision.