New Delhi: The Union government on Friday urged the Supreme Court to permit the sale and bursting of firecrackers in Delhi and the National Capital Region (NCR), provided it is subject to a robust framework of strict conditions and regulatory oversight.
Appearing before a bench led by Chief Justice of India Bhushan R Gavai and Justice K Vinod Chandran, Solicitor General Tushar Mehta presented a detailed proposal aimed at striking a critical balance between the fundamental right of citizens to celebrate festivals and the urgent need to protect public health and the environment from pollution.
Key Conditions Proposed by the Centre
The government’s plan focuses on limiting both the type of cracker used and the time available for bursting them:
- Green Crackers Only: Only green crackers approved by the National Environmental Engineering Research Institute (NEERI) would be manufactured and sold. The use of traditional “joined” crackers or “laris” would remain strictly banned.
- Time Windows for Festivals:
- Diwali and Major Festivals: Firecrackers would be permitted only between 8:00 pm and 10:00 pm.
- Christmas and New Year’s Eve: The window would be from 11:55 pm to 12:30 am.
- Gurpurab: Usage would be allowed for one hour in the morning and one hour in the evening.
- Sale Restrictions: Sales would be allowed only through licensed traders. Crucially, e-commerce platforms, including Flipkart and Amazon, would be explicitly barred from processing online orders for firecrackers in Delhi-NCR.
Comprehensive Enforcement and Monitoring
Beyond the restrictions, the Centre proposed a detailed mechanism for enforcement:
- QR Code Tracking: Manufacturers would be mandated to submit product-specific QR codes to the Petroleum and Explosives Safety Organisation (PESO) and State Pollution Control Boards. They must also maintain records of production and sales and regularly test products to ensure emissions remain within NEERI-approved limits.
- Inspections and Penalties: PESO and state authorities would conduct surprise inspections at manufacturing sites, storage facilities, and retail outlets. Any manufacturer violating the rules would face immediate suspension of licenses and closure of operations.
- Public Awareness: The government called for public awareness campaigns to educate citizens on permissible crackers, pollution hazards, and mechanisms to report violations via online channels like the Sameer App and Green Delhi App.
- Research and Data: The proposal directs NEERI and PESO to maintain up-to-date lists of approved products and manufacturers, and mandates the continuous monitoring of air quality, along with source apportionment studies to accurately measure the pollution contribution of firecrackers.
The Centre’s submission addresses ongoing litigation from firecracker manufacturers, who have challenged the Supreme Court’s April 3 order that imposed a blanket, year-round ban on the sale and use of firecrackers in Delhi-NCR. Manufacturers, including the Federation of Fireworks Traders, argue that the ban is discriminatory and does not account for the higher pollution contribution from sources like vehicular emissions and stubble burning.
Last month, the Court, while acknowledging that a blanket ban without proper enforcement was not viable, allowed certified manufacturers to produce green crackers but explicitly barred their sale within the NCR. The Centre’s current detailed proposal is an attempt to create the balanced and enforceable mechanism that the Court had previously sought.