Delhi NCR firecracker rules: In a significant move ahead of the festive season, the Supreme Court on Wednesday relaxed the absolute ban on the sale and use of firecrackers in the Delhi-National Capital Region (NCR), allowing government-approved “green crackers” on a “test case basis”.
The order, passed by a bench of Chief Justice of India B R Gavai and Justice K Vinod Chandran, attempts to strike a balance between the livelihood concerns of the firecracker industry, festive traditions and the public health crisis caused by air pollution in the region every winter.
This temporary relaxation modifies a series of previous orders by the Delhi government and the Supreme Court that had imposed a complete ban on all kinds of firecrackers in the NCR in recent years. The court’s decision came after both the Union government and the Delhi government supported conditional relaxation.
The Supreme Court has laid down a strict regulatory framework for this temporary relaxation. The key directions are:
The court’s reasoning stems from a desire to find a “balanced approach” after acknowledging that the complete ban had its own set of problems.
First, the court noted that despite the ban, conventional and highly polluting firecrackers were being smuggled into the NCR and used rampantly. It reasoned that allowing a less-polluting alternative like green crackers in a regulated manner could be more effective than a complete ban that is difficult to enforce.
Second, the development of green crackers, which the court was informed could reduce particulate emissions by 30-80%, presented a viable middle path. The order acknowledged the work done by NEERI in developing the chemical formulations for these less-polluting crackers. NEERI is also the designated body for testing and certifying these products as ‘green’, ensuring they meet the prescribed norms of reducing particulate matter emissions by at least 30%.
Third, both the Union and Delhi governments argued in favour of relaxing the ban, assuring the court of strict compliance with norms. This marked a shift from the previous stance, where the Delhi government had imposed a year-round ban.
Finally, the court considered the economic hardship faced by the firecracker industry and its workers, as well as the concerns of neighbouring states like Haryana, Uttar Pradesh and Rajasthan, large parts of which fall under the NCR and were affected by the ban. The order aims to balance the “right to carry on a profession” with the fundamental “right to life”, which includes the right to a clean environment.
The legal battle over firecrackers in Delhi is now at least a decade old. It began in 2015 when three infants, through their parents, filed a writ petition in the Supreme Court seeking protection from the harmful effects of air pollution. One of the petitioners’ demands was a ban on the use of fireworks.
This led to the court’s 2018 judgment, which banned conventional firecrackers and first introduced the concept of low-emission “green crackers,” along with a two-hour window for bursting them on Diwali in Delhi.
However, as air quality in the NCR continued to plummet each winter, the National Green Tribunal in 2020 imposed an “absolute” ban on the sale or use of firecrackers in NCR during the Diwali period. Subsequently, the Delhi Pollution Control Committee (DPCC) began issuing complete bans for the last few months of every year. In December 2024, this was extended by the Supreme Court to the entire NCR.
Despite these bans, enforcement remained a challenge. As the Indian Express has reported, air quality data from the Central Pollution Control Board (CPCB) shows that the 24-hour average Air Quality Index on Diwali has consistently remained in the ‘very poor’ or ‘severe’ category since 2016.
The term ‘green cracker’ does not mean it is pollution-free. It refers to a formulation developed by the Council of Scientific and Industrial Research (CSIR) and NEERI to have a reduced environmental impact compared to traditional firecrackers.
Their key features are:
The Supreme Court clarified that this year’s “relaxation is only on a test case basis”. It directed the CPCB to conduct intensive air quality monitoring from October 14 to October 25 and submit a report.
The future of firecracker regulations in the NCR will likely depend on the outcome of this experiment.