Relaxation is a ‘test’ to examine whether regulation could coexist with efforts to mitigate air pollution.
Over the years, these green crackers have caused a significant reduction in emissions, the SC observes.
Both NCTD and Centre are seeking relaxation of the ban at least during festivals, court says.
Ahead of Deepavali, the Supreme Court on Wednesday relaxed the blanket ban on firecrackers in Delhi and the National Capital Region (NCR) and allowed the sale of green fireworks approved by the National Environmental Engineering Research Institute (NEERI) and the Petroleum and Explosives Safety Organisation (PESO) from October 18 to 20.
A Bench of Chief Justice of India B.R. Gavai and Justice K. Vinod Chandran restricted their use to October 19 and 20, between 6 a.m. and 7 a.m., and 8 p.m. and 10 p.m.
The Bench described the relaxation as a “test case” to examine whether a carefully regulated framework could coexist with efforts to mitigate air pollution. It stressed that the measure was temporary and directed the Central Pollution Control Board (CPCB) and respective State Pollution Control Boards to monitor air and water quality from October 14 to 25 and submit a report detailing the daily Air Quality Index.
“We have to take a balanced approach, taking into account the conflicting interests and permitting in moderation, while not compromising the environmental concerns arising,” the Bench observed. It noted that a complete prohibition during the festive season had been counterproductive, resulting in the smuggling and use of conventional fireworks that were far more harmful than the green variants developed in recent years.
Referring to its 2018 judgment in Arjun Gopal v. Union of India, which first introduced the concept of green fireworks, the court observed that over the years, such fireworks had led to a significant reduction in emissions.
The court said that the Delhi government’s order of October 14, 2024, imposing a year-long ban on the manufacture, sale, and use of fireworks, which was later extended across the NCR, merited reconsideration in light of cleaner and less harmful alternatives.
It also took note of submissions by advocate Uttara Babbar, who assisted the court as amicus curiae, that there was no “substantial difference” in AQI levels between 2018, when green fireworks were introduced, and 2024, when the blanket ban was imposed. “It has been fairly stated that there is not much difference, except during the COVID period when the AQI had drastically come down,” the court said.
States seek relaxation
The court noted that Solicitor-General Tushar Mehta, appearing for the Centre and NCR States, had made a “fervent plea” to lift the ban during Deepavali and other major festivals, including Christmas and New Year’s Eve.
Mr. Mehta had earlier submitted a detailed enforcement plan restricting sales to licensed traders and prohibiting e-commerce platforms such as Flipkart and Amazon from facilitating online sales.
“However, now the situation is different. Both the Government of NCTD and the Government of India themselves are seeking relaxation of the said ban at least during the festive periods,” the court recorded.
It also took note of submissions by advocate Uttara Babbar that there was no “substantial difference” in AQI levels between 2018, when green fireworks were introduced, and 2024, when the blanket ban was imposed.
“It has been fairly stated that there is not much difference, except during the COVID period when the AQI had drastically come down,” the court said.
The court noted that Solicitor-General Tushar Mehta, appearing for the Centre and NCR States, had made a “fervent plea” to lift the ban during Deepavali and other major festivals, including Christmas and New Year’s Eve.
It also took note of the Haryana government’s concern that 14 of its 22 districts fall within the NCR, effectively bringing “almost 70 per cent of the State” under the ban. Similar pleas were also made on behalf of Uttar Pradesh and Rajasthan.
Acknowledging the “deleterious effect” of granting the fireworks industry a free hand, the Bench laid down a detailed regulatory framework to ensure that the relaxation did not compromise environmental safety.
“Fireworks shall be sold only through licensed traders and must be manufactured by entities registered with NEERI and holding a valid licence from PESO,” the court directed.
