SC allows conditional use of green crackers in Delhi-NCR. What conditions?

In a significant move just ahead of Diwali, the Supreme Court on Wednesday, 15 October relaxed its stringent ban on firecrackers in Delhi NCR, permitting the manufacture, sale, and use of certified green firecrackers during the festival, but with strict conditions to safeguard the environment.

The bench, led by Chief Justice of India B.R. Gavai and Justice K. Vinod Chandran, allowed the sale of green firecrackers from 18 to 21 October in designated locations, specifying that only products with QR codes, confirming certification, can be legally sold.

This measure aims to curb the widespread smuggling of conventional firecrackers which have historically caused severe air pollution during festival seasons.

Under the new order, firecracker use will be restricted to two daily time slots — between 6.00 am and 7.00 am, and from 8.00 pm to 10.00 pm — applied strictly on the day before Diwali and on Diwali itself. The court made it unequivocally clear that sales through e-commerce platforms remain prohibited to prevent unmonitored distribution.

CJI Gavai emphasised the need for a balanced approach: “We have to permit firecrackers in moderation while not compromising the environment.”

The court acknowledged the failure of past total bans, noting data that pollution levels in the NCR did not improve significantly, except during the Covid-19 lockdown when industrial and vehicular activity was minimal. The ban, according to the court, had only boosted the smuggling of harmful conventional crackers, which cause more damage than the green firecrackers developed with assistance from the NEERI (National Environmental Engineering Research Institute).

Here are the conditions mandated for the sale of green firecrackers:

• Sale of green firecrackers permitted only from 18 to 21 October

• Only certified green crackers with QR codes can be sold

• No sale of firecrackers through e-commerce platforms

• Use of firecrackers restricted to 6.00 am-7.00 am and 8.00 pm-10.00 pm on the day before Diwali and Diwali

• Police to form patrolling teams to monitor sale and usage compliance

• Violation of rules to result in issuance of notices and suspension of seller licenses

• No crackers from outside Delhi-NCR allowed to be sold within the region

• Central and state pollution control boards to monitor air quality during festival period and file reports

• Regular spot checks to be conducted on manufacturers and sellers to ensure regulations are followed

The order directs the CPCB (Central Pollution Control Board) and state pollution control boards within the NCR to closely monitor air quality during the festival period, submitting daily reports to the court.

Authorities will also conduct regular spot checks on manufacturers and sellers to ensure compliance, with any sale of crackers from outside Delhi-NCR strictly prohibited. Vendors violating the rules face license suspension and legal action.

Solicitor-general Tushar Mehta, representing the Centre and NCR states, had made a heartfelt plea to the court to allow children and families to celebrate festivals such as Diwali, Christmas, and Gurpurab with crackers without onerous time restrictions.

He told the court, “The child inside me is persuading the child in your lordships that for a few days, there should not be any time restrictions.”

However, the court chose to balance these festive sentiments with public health and environmental concerns.

This relaxation, though temporary and measured, marks a notable departure from the absolute bans imposed since 2018. It reflects a pragmatic approach acknowledging the difficulties of enforcement while encouraging the use of safer alternatives.

Delhi chief minister Rekha Gupta welcomed the decision, stating, “This ruling respects public sentiments and excitement for festivals like Diwali, and also reflects a balanced outlook for safeguarding the environment. The Delhi government is committed to a clean and green Delhi while respecting public sentiments. This Diwali, let us balance celebration and environment protection and fulfill the pledge of Clean Delhi, Green Delhi.”

The Supreme Court’s decision affects a total of 16 districts across Delhi, Uttar Pradesh, Haryana, and Rajasthan that fall within the NCR.

With agency inputs