Supreme Court: In a significant decision right before the festival of lights, the Division Bench of B.R. Gavai, CJI., and K. Vinod Chandran, JJ., issued the following directions as a temporary measure on use of firecrackers during Diwali:
-
The sale of Green Crackers as uploaded on the website of NEERI, shall be permitted commencing from 18-10-2025 till 20-10-2025.
-
The district administration and the police shall ensure that use of firecrackers shall be confined between 6:00 AM to 7:00 AM and 8:00 PM to 10:00 PM on the 2 days i.e., the one before and on the Diwali day.
-
The sale of these products shall be permitted only from the designated locations in the entire National Capital Region (NCR) which shall be identified by the District Collectors/Commissioners in consultation with the District Superintendent of Police and given wide publicity.
-
The police authorities, in consultation with the district administration shall constitute patrolling teams to keep a vigil on the designated locations of sale, including Officers as nominated from the Regional Offices of the State Pollution Control Boards. The patrol teams so constituted shall acquaint themselves with the green cracker products as uploaded in the website of NEERI and the registrations granted as also the QR Codes issued to individual manufacturers.
-
The patrol teams shall conduct regular reconnaissance in the designated sites to ensure that only the permitted products shall be sold and that too having the QR Codes issued. They shall also 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 manufacturing or sale of prohibited products who shall not only be penalised but also their licence/registration from PESO or with NEERI will be cancelled.
-
The sale shall be only through licensed traders and of the products i.e. the green crackers manufactured by those who are registered with the NEERI and obtained license from PESO. Any firecracker seized which are not manufactured by the registered/licensed manufacturers shall be immediately confiscated.
-
No firecrackers shall be allowed into the NCR region from outside the said region.
-
The use of firecrackers with Barium and those not approved by the NEERI as green cracker, shall not be permitted and if found for sale or in the possession of individuals/traders, the same shall be confiscated immediately.
-
There shall be no manufacture or sale of firecrackers joined in series (laris).
-
There shall be no sale or purchase of firecrackers through e-commerce networks, and any supply of such products shall be detained and the product confiscated.
-
The licences of traders (expired or cancelled) after the ban was introduced shall be renewed for the period stipulated by the statutory authorities.
-
The Central Pollution Control Board, in consultation with the State Pollution Control Boards and their respective regional offices within the districts coming under the NCR shall monitor the air quality index in their respective jurisdictions starting from 14.10.2025 till 25.10.2025 and file a report before this Court, specifying the air quality of each day indicated hereinabove. Along with such monitoring the Regional Offices of the State Pollution Control Boards shall also take samples of sand and water from sites having more density of use for analysis.
-
The Court clarified that the relaxation is only on a test case basis and the same shall be only for the period specified.
Court’s Assessment:
In the present petition, the Court pointed out that aggravated environmental pollution resulting in serious health hazards is pitted against the right to life and the right to carry on a profession; as available to the persons engaged in the firecrackers industry and their workmen. “Bursting firecrackers is an expression of the festive spirit and it enhances the mood in religious and other auspicious ceremonies, embedded in the cultural milieu of India. However, that cannot lead to a situation of causing long term or even short-term damage to health by an uncontrolled use, based only on traditions and cultural or religious norms”.
The Court pointed out that ban of firecrackers in the National Capital Territory of Delhi (NCTD) imposed to ensure better air quality in the NCTD, further compounded by the stubble burning in the National Capital Region (NCR) which is comprised of entire Delhi and districts in the neighbouring States i.e. Haryana, Rajasthan and Uttar Pradesh. Eventually, this firecracker ban was extended to the NCR as well.
The Court noted that the manufacturers, traders and the workmen claim relaxation, especially in the context of the advent of ‘green crackers’, the emission from which is far less damaging, resulting in minimal pollution and lesser gravity and intensity. It was further noted that the Government of NCTD and the Central Government are also agreeable to the relaxation but with strict compliance of the norms laid down by the Court. The Court, however, also took note of the apprehension of situation getting out of control as expressed by the amicus curiae.
The Court further took note of directions issued in Arjun Gopal v. Union of India, (2019) 13 SCC 523 and extension of firecracker ban to NCR in M.C. Mehta v. Union of India, 2024 SCC OnLine SC 4112. The Court further took note of formulation of Green Crackers by NEERI and Suggestions on permitting of firecrackers in NCR as submitted by Central Government and Government of NCTD.
The Court observed that a balanced approach must be taken to by taking into account the conflicting interests and permit in moderation, while not compromising the environmental concerns arising. Therefore, following the Court’s approach in Arjun Gopal (supra) the Court issued the afore-stated directives as a temporary and test case measure.
[MC Mehta v. Union of India, Writ Petition (C) No.13029 of 1985, order dated 15-10-2025]
Advocates who appeared in this case:
Mr. K Parameshwar, Senior Counsel representing the industry, Mr. Tushar Mehta, Solicitor General and Ms. Aishwarya Bhati, Additional Solicitor General for Union of India and the Commission for Air Quality Management (CAQM), Mr. Aditya Sondhi, Senior Counsel for the Government of the NCTD
Ms. Uttara Babar, Amicus Curiae.
