In a significant development just ahead of the festive season, the Supreme Court on Friday indicated a likely relaxation of the absolute ban on firecrackers in the Delhi-National Capital Region (NCR), suggesting it will be lifted for five days during Diwali on a “trial basis.”
A bench of Chief Justice of India B.R. Gavai and Justice K. Vinod Chandran reserved its final order but observed, “For the time being, we will permit the ban lifting during Diwali,” adding that the relaxation would be confined to “certain time limits.”
The move comes amidst intense debate over air quality and the right to celebrate, as pollution levels historically spike around Diwali due to fireworks and stubble-burning in adjoining states.
Key SC Indications and Proposals
The court was hearing pleas from manufacturers and the Union Government, which proposed a tightly regulated framework for permitting only NEERI-approved ‘green crackers’.
- Trial Basis: The permission to use firecrackers is strictly on a trial basis for the five days of Diwali.
- Time Limits: While the final timing will be specified in the reserved order, the government, through Solicitor General Tushar Mehta, proposed a window of 8:00 PM to 10:00 PM on Diwali and major festivals. Mehta, however, requested the court to relax the two-hour limit, arguing that “children should not be restricted to two hours of celebration.”
- Only Green Crackers: The proposal mandates that only green firecrackers approved by the National Environmental Engineering Research Institute (NEERI) be manufactured and sold. The sale of conventional firecrackers and joint crackers (‘laris’) will remain banned.
- Strict Sales Rules: Sales must be through licensed traders only, and e-commerce websites like Amazon and Flipkart must not facilitate the online sale of firecrackers in the NCR.
- Enforcement Concerns: Amicus Curiae senior advocate Aparajita Singh voiced concerns over the market being flooded with “fake green crackers” under false labels, which use polluting chemicals. The court suggested random sampling by authorities to ensure compliance.
Environmentalists Raise Alarm
Environmental experts have reacted with concern, pointing to the two-year period between 2018 and 2020 when a similar green cracker policy failed to yield a significant reduction in air pollution.
Sunil Dahiya, a lead analyst at think-tank Envirocatalysts, warned that the bursting of green firecrackers could potentially “set back by 10 years the fight against air in Delhi.” He emphasized that all sources of pollution, including episodic events like firecracker bursting, must be controlled to prevent a spike that can linger for days, especially if meteorological conditions are unfavorable.
The Supreme Court’s final, detailed order is expected to be passed shortly, which will formalize the time windows and compliance measures for the festive season.