On Friday, September 26, 2025, the Supreme Court admitted that a blanket prohibition on firecrackers might inadvertently empower illegal syndicates, allowing them to exploit the market by illicitly selling their products to unsuspecting consumers.
A judicial panel, led by Chief Justice B.R. Gavai, considered arguments presented in court, drawing parallels to a past situation in Bihar where a complete mining ban had regrettably led to increased illicit activities.
In its official order, the court noted that a full ban might not be practical, expressing reservations about imposing such strict measures on an industry that provides employment to thousands.
The highest court indicated openness to exploring a “balanced approach” — a policy designed to allow the firecracker industry to operate sustainably, safeguarding both the livelihoods of its workers and the public’s right to a healthy, pollution-free environment.
The panel instructed the Environment Ministry to devise a comprehensive solution, urging them to consult all relevant parties, including firecracker producers and vendors. The case is scheduled for its next hearing on October 8.
Green crackers allowed
In the interim, the court granted permission for manufacturers certified by NEERI and PESO to produce eco-friendly ‘green crackers’ to continue their work. However, these manufacturers must commit in writing not to sell their products in restricted zones until further directives are issued.
During the earlier hearing on September 12, the Chief Justice of India had proposed the establishment and implementation of a consistent national policy governing the production, distribution, and use of firecrackers.
“If firecrackers are to be banned, the prohibition should apply nationwide. Furthermore, the economic well-being of the less privileged individuals who rely on this industry must also be considered,” Chief Justice Gavai had commented.
The Chief Justice also raised a pertinent question: why should residents in other parts of the country and various cities not receive the same protection from air pollution currently extended to the “privileged” population of the capital?
In April 2025, the court had previously affirmed a comprehensive and permanent ban on the sale, production, and manufacturing of firecrackers within Delhi and the National Capital Region. At that time, the highest court deemed this significant measure “absolutely essential” to uphold citizens’ right to clean air. It had rationalized that a temporary ban, limited to winter or festive seasons, would be ineffective, as crackers would simply be stored and then used during the prohibited periods. The responsibility was also placed on manufacturers to enhance the “green cracker” technology scientifically.
“It’s a common misunderstanding that air pollution primarily affects the affluent,” stated senior advocate Aparajita Singh, who served as amicus curiae in the case. “In reality, it’s the ordinary people, particularly construction workers and daily wage earners, who bear the brunt of its impact.”
Representing the firecracker industry, senior advocate K. Parameshwar highlighted that their operating licenses were being cancelled following the Supreme Court’s decision in April 2025 to enforce a full ban on the sale, production, and manufacturing of firecrackers in Delhi and NCR. He noted that some of these licenses were originally valid until 2028.