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 (NCR) during the festival with certain conditions.
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. However, the sale of green crackers will permitted from October 18 to 21.
Allowing the joint request of the Centre and Delhi government, a bench comprising Chief Justice B R Gavai and Justice K Vinod Chandran relaxed the ban on green firecrackers.
“We have to take a balanced approach, permitting it in moderation while not compromising with the environment,” the CJI said.
"Sale of green crackers will be permitted from October 18 to October 21. Police authority to constitute patrolling teams to keep an eye that only permitted products with QR codes are to be sold. Violation notice to be attached for persons who violate the rules. Use of firecrackers shall be confined to 6 AM to 7 AM and 8 PM to 10 PM on the day before Diwali and on Diwali day," the CJI said while reading the order.
The bench also made it clear that no sale of firecrackers through e-commerce platforms will be permitted.
The bench said a total ban on firecrackers in the past had led to the smuggling of high-emission crackers and it caused even greater environmental harm.
“Conventional firecrackers are smuggled, which cause more damage. We have to take a balanced approach,” the CJI said while pronouncing the order.
It took note of data showing that despite earlier bans, the air quality index (AQI) in NCR districts did not show significant improvement, except during the COVID-19 lockdown period when overall industrial and vehicular activity was minimal.
The order referred to its landmark judgment in Arjun Gopal v. Union of India case and said that had led to the introduction of green crackers in 2018.
These eco-friendly firecrackers, developed with the assistance of the National Environmental Engineering Research Institute (NEERI), reportedly reduce emissions of particulate matter and harmful gases by up to 30 per cent, the bench said.
“Over the past six years, green crackers have substantially reduced emissions. NEERI has played a crucial role in this progress,” the order said.
It said from October 14, 2024, to January 1, 2025, there was a complete ban on the manufacture of all firecrackers, including green ones.
It asked the Central Pollution Control Boards and state PCBs of NCR to monitor the pollution level during Diwali and file reports before it.
The order said patrolling teams will be conducting regular checks on cracker manufacturers and their QR codes have to be uploaded on the websites.
No crackers from outside Delhi-NCR can be sold here and if found, the licences of sellers will be suspended, it added.
The detailed order is awaited.
On October 10, the top court had reserved its orders on the pleas seeking permission to manufacture and sell green firecrackers in Delhi-NCR.
Solicitor General Tushar Mehta, who represented the National Capital Region states and the Centre, had urged the apex court to permit bursting of green firecrackers in Delhi-NCR on occasions like Diwali, Guru Purab and Christmas without any restrictions on the timing.
While reserving the order, the bench had said a complete ban on bursting of fire crackers in Delhi-NCR is "neither practical nor ideal" as such restrictions were often violated and balancing of equities is needed.
Vehement submissions were made seeking lifting of the blanket ban by Mehta, appearing for the Centre and NCR states. He also said that the children should be allowed to burst crackers on Diwali and other festivals without any time restrictions.
Questioning the blanket ban which has been in place since 2018 in Delhi-NCR, the bench asked the counsel for the authorities and others as to whether the ban has resulted in any tangible difference or led to decrease in the AQI, an indicator of pollution level.
"Has the air quality index improved or worsened since 2018? Was the pollution much less then compared to now," the CJI asked.
The solicitor general replied that according to data of the Commission for Air Quality Management (CAQM), pollution levels had remained "more or less the same", except during the COVID-19 lockdown period when industrial and vehicular activity was halted.
"Let the children celebrate for two days. It is only for festivals like Diwali, Gurpurab, and Christmas," the solicitor general urged, adding that "the child inside me is persuading the child in your Lordships and for a few days there should not be any time restrictions." The top court on September 26 permitted certified manufacturers to produce 'green' crackers with a condition that they will not sell them in prohibited Delhi-NCR without its approval.
It asked the Centre to take a fresh look at the absolute ban on the manufacture of firecrackers in Delhi-NCR.
A total of 16 districts in Uttar Pradesh, Rajasthan and Haryana fall under the NCR along with Delhi.
