SC indicates it may allow use of green crackers on trial basis during Diwali in Delhi-NCR

The court indicated that it may allow manufacture and sale of green crackers approved by the National Environmental Engineering Research Institute (NEERI) and Petroleum and Explosive Safety Organization (PESO), to be sold in Delhi-NCR (National Capital Region) this Diwali.

It was hearing pleas filed by cracker manufacturers seeking that the total ban on firecrackers in Delhi-NCR be lifted and the manufacture and sale of green crackers be allowed.

In its October 2018 judgment in Arjun Gopal vs union of India, the SC — while refusing to order a complete ban on the sale and use of firecrackers — had ruled that only crackers with reduced emission and green crackers that stick to permissible noise emission standards be manufactured and sold henceforth. It also banned their sale online and directed that the same can be sold only through licensed traders.

While hearing petitions on the issue of air pollution last year, the SC had asked the governments of Delhi and states falling in NCR — which had already banned the manufacture and sale of firecrackers during Diwali — to extend the ban on all sorts of crackers, including the green ones, throughout the year. Subsequently, some manufacturers had moved the SC seeking permission to make and sell the green crackers.

On September 26, CJI Gavai-led bench, while allowing the manufacture of green crackers certified by NEERI and PESO in Delhi-NCR, had asked the Centre to come up with a “concrete proposal” to ensure that the markets in Delhi-NCR get only green crackers before it can consider the prayer of the manufacturers.

The Centre — while batting for green crackers — told the bench on Friday that only those approved by NEERI be permitted to be manufactured and sold. It added that the NCR governments, including Delhi, shall ensure that joint firecrackers/laris are not manufactured, sold or used. It also suggested that the sale be allowed only through licensed traders and not on e-commerce websites.

Advocate Uttara Babbar, the Amicus Curiae in the case, pointed out that PESO has no chemical testing lab in NCR and relies on the forensic sciences laboratory for sample analysis. She said that as per the report of the Commission for Air Quality Management (CAQM), of the 55 samples sent in 2022, it had received reports only for four samples in the last three years.

To this, the CJI said, “We will direct the Delhi government to establish a mechanism for proper testing and they should install it immediately.”

Justice Chandran, pointing out that Diwali was only a week away, expressed doubts if anything can be set up in such a short span of time. “What we can do is ask them to take random samples, which if found problematic, they can also take action against manufacturers,” the judge said.

As CJI Gavai pointed out that there is now a product-specific QR code too, Babbar said that as per the CAQM report, this was being misused.

Justice Chandran said, “That’s why we are going to ask them to take random samples… Police and PESO take random samples. That will be sufficient caution not to introduce firecrackers with any other material. We have to test it. The industry is also suffering… More the workers, marginalised sections of people…”

In the Arjun Gopal judgement, the SC had fixed the duration for bursting crackers for various festivals. For Diwali, it was said that the crackers could be burst from 8 pm to 10 pm. On Friday, Mehta sought a relaxation in the time limit. Senior advocate Sai Deepak also urged the court to consider allowing bursting of crackers in the morning.

The court reserved its order in the matter.

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