Supreme Court allows sale, bursting of green firecrackers in Delhi-NCR during Diwali

The Supreme Court on Wednesday permitted the sale and bursting of green firecrackers in Delhi and the National Capital Region (NCR) during the upcoming Diwali festival [MC Mehta vs. Union of India & Ors.].

A Bench of Chief Justice of India (CJI) BR Gavai and Justice Vinod Chandran ordered that sale green crackers shall be permitted from October 18 to October 20.

The bursting of such firecrackers shall be allowed from 6 am to 7 am and 8 pm to 10 pm on two days - the day before Diwali and on Diwali, the Court further directed.

"Sale of green cracker will be permitted from 18th October to 20th October. Police authority to constitute patrolling team 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 firecrackers shall be confined to 6 am to 7 am and 8pm to 10pm on the day before Diwali and on Diwali day," the order said.

There shall be no supply of firecrackers from e-commerce websites, the Bench added.

The Court passed the order after taking into account the fact that a complete ban leads to smuggling of crackers causing more damage to air quality.

"Conventional firecrackers are smuggled which cause more damage. We have to take a balanced approach. Out of 22 districts in Haryana 14 districts fall in NCR. when the ban was imposed there was not much difference in air quality except during COVID period. The concept of green crackers was introduced after judgement in Arjun Gopal. Over 6 years green crackers have substantially reduced emission. NEERI has contributed to it. From 14.10.2024 to 1.1.2025 complete ban on manufacture was imposed," the Court noted while easing the ban.

The Court issued the following directions:

1. Sale and bursting of green crackers as uploaded on the website of National Environmental Engineering Research Institute (NEERI) shall be permitted commencing from 18th-20th October. Sale shall be only permitted from the designated locations in the entire NCR which shall be identified by district collector and given wide publicity;

2. Police authority to constitute patrolling team to keep vigil on the designated locations of sale including officers from State Pollution Control Board;

3. Patrol team shall ensure only permitted products are sold having QR code. They should also take random samples for the purpose of analysing. Violation notice shall be attached to those involved in manufacture or sale of prohibited products whose license shall stand cancelled;

4. District administration and police to ensure use of firecrackers shall be confined between 6 am - 7 am and 8 pm - 10 pm on two days - a day before Diwali and on Diwali.

5. Sale shall be only through licensed vendors who are registered with NEERI.

6. Firecrackers nor manufactured by registered manufacturers shall be immediately confiscated. There shall be no firecrackers allowed in NCR region from outside the said region.

Due to the persistent problem of poor air quality in Delhi, the Court had earlier banned the use of firecrackers in Delhi. On green crackers, the Court in April this year had said that unless it is satisfied that the pollution caused by them is minimal, there is no question of reconsidering the earlier orders.

However, the Court last month allowed the manufacture of green firecrackers but continued the restriction on their sale in prohibited areas.

The governments of Delhi and neighbouring states, as well as the manufactures, moved the Court seeking directions to permit the use of green crackers in Delhi and other areas on Diwali. They also made suggestions for similar relaxations on Christmas, Gurpurab and New Year’s Eve.

During the hearing of the matter on October 10, Solicitor General Tushar Mehta urged the Court to lift the ban on fireworks.

"There is nothing on record to show that it [poor air quality] is because of the firecrackers. I urge that there is no restriction for firecrackers. If there is a two hour timing...One hour goes in persuading parents only! We all were children! The child inside me is persuading the child in your lordships," the SG told the Court.

Senior Advocate K Parameshwar, representing the manufactures, submitted that firecrackers were banned in half of Haryana without an opportunity of hearing.

"We are saying we will only distribute it to wholesalers from designated 25 to 30 points. And then the check becomes more effective...our children are also staying here...if it goes bad...next year also ban can be there," he said.

On similar lines, Senior Advocate J Sai Deepak said,

"An already regulated industry was regulated further. Everyone was painted with a broad brush. Manufacturers had themselves said identify the offenders among us and punish them."

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