Manas Dasgupta
NEW DELHI, Oct 15: The Supreme Court on Wednesday gave temporary relaxation in its blanket ban on firecrackers in Delhi and the National Capital Region (NCR) and allowed the sale of “green firecrackers” approved by the National Environmental Engineering Research Institute (NEERI) and the Petroleum and Explosives Safety Organisation (PESO) between October 18 and 21.
The Bench of Chief Justice of India B.R. Gavai and Justice K. Vinod Chandran, however, restricted their use to two days, 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 October 25 and submit a report detailing the daily Air Quality Index (AQI).
“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 ban during the festive season had been counterproductive, resulting in the smuggling and use of conventional firecrackers 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 firecrackers, the court observed that over the years, such crackers had led to a significant reduction in emissions. “It will be relevant to note that NEERI, one of the most prestigious organisations dealing with environmental matters, has significantly contributed to this factor,” it said.
The court said the Delhi government’s order of October 14, 2024, imposing a year-long ban on the manufacture, sale, and use of firecrackers, 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 firecrackers 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 Diwali 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. “Firecrackers 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, adding that any stock not conforming to these requirements shall be immediately confiscated.
The Bench also barred the manufacture and sale of “laris” (series crackers) and imposed a complete ban on the sale of crackers through e-commerce websites. It directed that all sales be confined to designated spots in Delhi-NCR earmarked by District Collectors in consultation with Superintendents of Police.
To ensure compliance, the court mandated that police authorities, in coordination with the district administration, constitute joint patrolling teams including officers from the State Pollution Control Boards. The patrol teams, it said, would “conduct regular reconnaissance at the designated sites to ensure that only the permitted products shall be sold and that too having the QR codes issued.”
The patrolling units were also instructed to “take random samples” for the purpose of analysis, which shall be transmitted to PESO. “On violations noticed, the responsibility shall attach to those involved in the manufacture or sale of prohibited products, who shall not only be penalised but also have their licence or registration with PESO or NEERI cancelled,” the Bench cautioned.
The experts, however, said while the apex court’s attempt to strike a balance between festive traditions and public health concerns was commendable, distinguishing certified green crackers from conventional ones amid mass sales remains a major challenge.
The court’s reversal comes barely five months after another Bench led by Justice Abhay S. Oka upheld Delhi’s blanket firecracker ban, observing that temporary restrictions had proved ineffective since firecrackers continued to be sold throughout the year and used even during prohibited periods.
Green firecrackers are a type of firecracker designed to be less polluting and environmentally safer than traditional firecrackers. They were developed in response to growing concerns about air pollution. Green crackers are a compromise solution—allowing people to celebrate with fireworks while reducing environmental and health impacts.
Green firecrackers emit 30-35% less particulate matter and air pollutants (like SO₂, NOx, and CO) compared to conventional firecrackers. They do not contain harmful elements such as barium nitrate, which is a major pollutant and health hazard in regular crackers. Green firecrackers are developed and approved by the Council of Scientific and Industrial Research (CSIR) in India, particularly NEERI and CEERI labs. Talking about the noise level, they adhere to prescribed noise limits.
Major fireworks manufacturers’ associations in Sivakasi have welcomed the apex court judgement relaxing the blanket ban on bursting crackers. “It is the most joyous moment for the fireworks industry. Allowing the bursting of green crackers in the Delhi NCR will give a boost to the fireworks manufacturers and also generate additional employment for lakhs of workers in the industry,” said P. Ganesan, president of Tamil Nadu Fireworks and Amorces Manufacturers’ Association (TANFAMA).
Mr Ganesan said Delhi NCR comprised about 15% of the domestic fireworks market. However, he was quick to add that no fresh supply of crackers to the NCR region could be made from Sivakasi this Deepavali, to be celebrated on October 20. “Perhaps dealers in north India could divert their goods to Delhi NCR,” he added.
General Secretary of The Indian Fireworks Manufacturers’ Association (TIFMA) in Sivakasi, T. Kannan, said the apex court judgment has given a new lease of life to the industry. “This judgment has proven our contention that crackers were not the major environmental pollutant in Delhi NCR. We welcome the judgment,” he said. Mr Kannan said the size of Delhi NCR was almost that of two States, and “this market will generate more production and employment in the fireworks industry next year.”
The Delhi Chief Minister Rekha Gupta thanked the Supreme Court on behalf of the government for the permission to burst green firecrackers. “Feelings of crores of people are associated with Diwali, and the celebrations would have been incomplete without the lifting of the ban on firecrackers… We will be mindful of the environment as well… It is our responsibility to take care of the environment and at the same time, protect our culture,” she said.
For the past several years, Delhi and its adjoining cities of Uttar Pradesh’s Noida, Ghaziabad; Haryana’s Faridabad, Gurugram and several others that fall under the national capital region (NCR) have been seeing a sharp spike in the Air Quality Index (AQI) and dropped visibility due to toxic smog around Diwali.