Supreme Court said, complete ban is not practical or ideal, reserved order on green firecrackers in Delhi-NCR

Days ahead of Diwali, the Supreme Court on Friday, October 10, said a complete ban on bursting of firecrackers in Delhi-NCR is “neither practical nor ideal” as such bans are often violated and there is a need to balance equity.

A bench of Chief Justice BR Gavai and Justice K Vinod Chandran made the observations while reserving its order on petitions seeking permission for manufacture and sale of “green” firecrackers in Delhi and the National Capital Region, hinting at relaxation in the ban.

Strong arguments for lifting the complete ban were made by Solicitor General Tushar Mehta, appearing for the Centre, NCR states. He also said that children should be allowed to burst crackers without any time restriction on Diwali and other festivals.

Questioning the complete ban imposed in Delhi-NCR since 2018, the bench asked the counsel for the officials and others whether the ban has made any tangible difference or reduction in the Air Quality Index (AQI), an indicator of pollution levels.

The CJI asked, “Has the air quality index improved or worsened since 2018? Was the pollution then much less than now?”

The Solicitor General replied that as per Commission for Air Quality Management (CAQM) data, pollution levels have remained “more or less the same”, except during the COVID-19 lockdown period when industrial and vehicular activity was halted.

“Let children celebrate for two days. This is only for festivals like Diwali, Gurupurva and Christmas,” the Solicitor General urged. Pointing towards relaxation in restrictions, CJI said that there is a need for balance in equity.

The CJI said that a blanket ban was “neither practical nor ideal” and in practice such bans were often avoided.

“Despite the complete ban, use of firecrackers continues,” the CJI said. Excessive orders create problems.” He said the court was looking for a balanced solution that protects both environmental and livelihood interests.

Before reserving the order, the bench heard extensive arguments from various stakeholders including the Centre, Delhi government and NCR states, firecracker manufacturers, environmentalists and amicus curiae.

Mehta, appearing for the Centre, NCR states, urged the bench to adopt a ‘balanced approach’ that protects both the right to livelihood of workers and the right of citizens to celebrate festivals while ensuring adherence to environmental safeguards.

“We have made suggestions that strike a balance,” Mehta told the bench, proposing that only the manufacture and sale of green firecrackers approved by the National Environmental Engineering Research Institute (NEERI) should be allowed under strict monitoring. He said the use of green crackers should be allowed on certain occasions like Diwali, Gurupurva, Christmas and New Year’s Eve and there should be no time limit.

Mehta said only certified firecrackers approved by NEERI and Petroleum and Explosives Safety Organization (PESO) should be manufactured and sold, and officials would ensure that no composite firecrackers or “Laris” are produced or used.

“Sales should be through licensed traders only, and it should be ensured that they are selling only permitted firecrackers. No e-commerce platform should accept or execute any online sale of firecrackers,” he suggested.

He said that PESO and NEERI will inspect the manufacturing units from time to time to ensure compliance and any unit violating the green cracker norms will be immediately sealed.

The CJI said that if the air quality situation was the same, there is something called “judicial propriety” and when one bench has considered all the aspects, the other cannot sit on it. The CJI also questioned why the ban was limited to some parts of Haryana and NCR districts, saying, “Why should there be a ban only in some districts? Shouldn’t it apply to the entire state of Haryana?” Senior advocate K Parameshwar, appearing for green firecracker manufacturers, argued that a complete ban has been imposed in some areas of NCR “without consultation” and is contrary to the 2017 and 2018 decisions allowing green firecrackers.

“Nothing except green crackers will be allowed and this is what the court itself had said in 2017,” Parameshwara said, adding that NEERI may be tasked with checking the formulations to ensure compliance.

He also pointed out that manufacturers had “invested heavily” in setting up eco-friendly firecracker manufacturing facilities based on NEERI-approved formulations, and the industries were being unfairly penalized despite compliance.

Another lawyer submitted that the majority pollution in delhi It originates from stubble burning and industrial emissions, not from the use of firecrackers in celebrations.

Advocate J Sai Deepak, representing the manufacturers, said the firecracker industry is already heavily regulated and was willing to cooperate with the inspection.

The apex court had on September 26 allowed certified manufacturers to make ‘green’ firecrackers with the condition that they would not sell them in the restricted Delhi-NCR without its approval.

It asked the Center to take a fresh look at the complete ban on manufacturing of firecrackers in Delhi-NCR.

Along with Delhi, a total of 16 districts of Uttar Pradesh, Rajasthan and Haryana fall in NCR.