The has granted a temporary, limited relaxation for the use of certified green firecrackers in the National Capital Region (NCR) to celebrate Diwali, despite an ongoing perpetual ban. In an order dated , the bench comprising Justice M.M. Sundresh and Justice Prasanna B. Varale directed that the bursting of firecrackers will be permitted only on November 7 and , within strictly defined time slots, while the complete ban on all firecracker types is set to resume immediately on . This seeks to address the persistent challenges of air pollution while acknowledging the cultural significance of the festival and the failure of existing enforcement mechanisms to deter the influx of illegal, highly polluting firecrackers.
The court permitted the firing of green crackers specifically between 6:00 A.M. to 7:00 A.M. and 8:00 P.M. to 10:00 P.M. on the two designated days. To protect vulnerable populations, the order mandates that no firecrackers, regardless of their certification, may be burst within a 300-metre radius of hospitals, nursing homes, primary and district health centres, old-age homes, and notified silence zones, as well as near educational institutions. These areas must be clearly marked as “No-Cracker Zones” by local authorities.
Managing Emissions Through Strict Regulation
The Bench emphasized that the current relaxation is a calibrated trial-based measure. The court expressed concern that a , while theoretically ideal, has in practice led to the unauthorized proliferation of conventional firecrackers in the black market. By permitting the sale of green crackers approved by the and regulated by the , the court intends to steer the public toward cleaner alternatives.
Manufacturers and traders must adhere to rigorous protocols. Every box of green crackers must be sealed and feature a product-specific, non-transferable QR code. Upon scanning, these codes must display the manufacturer's credentials, NEERI registration, PESO licensing details, and product test certificates. The use of Barium, a key component in hazardous conventional crackers, remains strictly prohibited. Furthermore, the court has explicitly forbidden the sale of firecrackers joined in series, commonly known as 'laris' or garlands, which contribute disproportionately to both noise and air pollution.
“The process of regulating, implementing and monitoring by the authorities should continue not only during the festival times, but more importantly, even thereafter,” the court noted in its observations. It stressed that the right to celebrate must be balanced against the
under
, noting that the
"right of an individual to engage in a particular practice, which may have a religious color, is only a qualified one and cannot go beyond the Constitutional restrictions."
Enforcement Oversight and Territorial Constraints
To prevent the recurrence of past failures, the Supreme Court has empowered local administration and police to maintain strict oversight. District Collectors and Commissioners, in coordination with the police, are tasked with designating specific sale points for green crackers. The sale of any firecrackers outside these designated locations, or through online and e-commerce platforms, is strictly prohibited.
Patrolling teams, comprising police officers and representatives from , are required to conduct regular reconnaissance at designated sites. Their duties include conducting random quality checks, verifying QR codes, and seizing any conventional or unauthorized firecrackers found for sale. The court has also directed that manufacturers and traders be required to provide a significant monetary , which will be forfeited in the event of any violation. In such cases, registration licenses will be cancelled, and will be initiated against the offenders.
The court further noted that the influx of illegal firecrackers from outside the NCR remains a critical issue. Authorities have been ordered to implement strict vehicle checks at the borders of the National Capital Region to intercept contraband. Shopkeepers are also required to display clear information at their premises regarding how to identify genuine green crackers and where the public can report violations.
Data-Driven Accountability and Public Responsibility
A significant portion of the court’s order focuses on evidence-based monitoring. The and are tasked with comprehensive monitoring of the Air Quality Index (AQI) from November 2 to . This data will be critical in assessing the impact of this temporary relaxation and informing future judicial decisions.
The court also expressed dissatisfaction with the lack of progress in resolving pollution levels, remarking, “It is concerning to note that PM particles, emanating from firecrackers, stay in the atmosphere for an extensive period of time, stretching up to several days even after the culmination of the festival.” Consequently, the court has ordered the collection of health-related data from hospitals and healthcare centers across the region, specifically tracking admission rates for respiratory issues during and after the festival period.
State authorities are required to submit detailed reports and to the Supreme Court by , documenting the enforcement actions taken, the number of initiated, and the specific impact on air quality.
Beyond administrative measures, the court made a sincere plea for a paradigm shift in public consciousness. It called upon members of the legal fraternity, public figures, celebrities, and sportspersons to participate in a voluntary public-awareness campaign. The goal is to move away from reactive measures toward a culture of proactive environmental stewardship, ensuring that future celebrations do not compromise the health of the community. With the complete ban on firecrackers scheduled to resume on , the court has listed the matter for further on , signaling a continued, vigilant approach to managing the NCR’s environmental crisis.
air quality management - regulatory compliance
