Days ahead of Diwali, the Supreme Court on Wednesday relaxed the total ban on firecrackers in the Delhi-NCR area and allowed the sale of green crackers approved by the National Environmental Engineering Research Institute (NEERI) from October 18 to October 20.
A bench of Chief Justice of India B R Gavai and Justice K Vinod Chandran court limited their usage to two days – October 19 and 20, between 6 am to 7 am and 8 pm to 10 pm – and said it was doing so as a “temporary measure” and on a “test case basis” following what was laid down by the top court in the case of Arjun Gopal vs Union of India in 2018, when it had allowed green crackers.
“In such a case, we have to take a balanced approach, taking into account the conflicting interests and permit in moderation, while not compromising the environmental concerns arising.”
The bench also noted the concerns raised by the Haryana Government. “It is their contention that out of the 22 districts of the State of Haryana, 14 districts fall within NCR. It is, therefore, the contention that almost 70 per cent of the State is affected by the ban on firecrackers. A similar plea was also raised on behalf of the States of Uttar Pradesh and Rajasthan.”
The SC bench said that on a query whether there was a substantial difference in Air Quality Index (AQI) in 2018 and 2024 when the ban was imposed, “it has been fairly stated that there is not much difference except the Covid period when the AQI had drastically come down.”
Delhi CM Rekha Gupta on SC allowing bursting green firecrackers stated that, “It is very important to strike a balance between traditions and environment. I thank the Supreme Court for issuing this order, taking into account the sentiments of the people of Delhi. I assure you that the people of Delhi and the government will keep the environment safe while we celebrate this festival. I express heartfelt thanks to the Supreme Court.”
Sale, purchase of firecrackers
The Supreme Court said that firecrackers will only be sold through licensed traders, and that the products, i.e., green crackers, must be manufactured by those registered with NEERI and holding a license from the Petroleum and Explosives Safety Organisation (PESO).
“Any fire crackers seized which are not manufactured by the registered/licensed manufacturers shall be immediately confiscated,” the bench said.
“The use of firecrackers with Barium and those not approved by NEERI as green crackers shall not be permitted, and if found for sale or in possession of individuals/traders, the same shall be confiscated immediately”.
The bench added that no sale or purchase of firecrackers through e-commerce sites will be allowed, and “any supply of such products shall be detained and the product confiscated.” It said the licences of traders that expired or were cancelled after the ban on firecrackers will be renewed for the period stipulated by the statutory authorities.
“There shall be no firecrackers allowed in the NCR region from outside the said region,” the bench said, adding that the sale “shall be permitted only from the designated location in the entire National Capital Region, which shall be identified by the District Collectors/Commissioners consultation with the District Superintendent of Police and given wide publicity.”
“There shall be no manufacture or sale of firecrackers joined in series (laris),” the court also ruled.
Patrol teams
It directed the police to constitute patrolling teams “in consultation with the district administration” to “keep a vigil on the designated locations of sale.” The teams will also include officers nominated from the regional offices of the State Pollution Control Boards.
The court asked the patrol teams “to acquaint themselves with the green cracker products uploaded on the NEERI website, and their registrations granted details as also the QR codes issued to individual manufacturers.” The patrol teams, it said, will “conduct regular reconnaissance at the designated sites to ensure that only the permitted products shall be sold and that too having the QR codes issued.”
It said that the teams “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 shall stand cancelled.”
The SC asked the Central Pollution Control Board, in consultation with the State Pollution Control Boards, and their respective regional offices within the districts under the National Capital Region, to monitor the air quality index in their respective jurisdictions starting from October 14, 2025, till October 25, 2025, and file a report before it specifying the air quality of each day.
Arjun Gopal case
In the Arjun Gopal case, the SC ruled that only crackers with reduced emissions (improved crackers) and green crackers that comply with permissible noise emission standards be manufactured and sold henceforth.
Subsequently, the Delhi Government banned the sale and use of firecrackers in the NCT around Deepawali.
On October 14, 2024, the NCT government banned the manufacture, sale and use of firecrackers till January 1, 2025. But this was later extended to the whole year and for all sorts of crackers, including green ones, following a push from a Supreme Court bench presided by Justice A S Oka.
The Centre, too, had backed relaxing the ban to allow green crackers.
In its order Wednesday, the bench noted that there are concerns raised by the industry and also the issue that the ban did not put an end to the bursting of firecrackers, especially during festive days, “when the conventional firecrackers are smuggled which cause a more damaging effect than the green crackers now developed” as well as by the amicus curiae on the injury to the public from unchecked use of crackers.
The order said that in the Arjun Gopal case, the SC had passed directions “after considering various aspects viz., the concerns of the environment, sentiments of the citizens during the festive season and the right to livelihood of the workers working in the firecracker industry…to balance the interests of the concerned stakeholders.”
“At the time of the judgment in Arjun Gopal, the concept of green crackers was just introduced. Over the six years, the green crackers have substantially reduced the emission. It will be relevant to note that NEERI, which is one of the most prestigious organizations dealing with environmental matters, has significantly contributed to such factor.”
The court said the licences of traders that expired or were cancelled after the ban on firecrackers will be renewed for the period stipulated by the statutory authorities.
(Source: File) 
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