In a notable decision, the Supreme Court has allowed the sale and bursting of firecrackers in Delhi and the National Capital Region (NCR) for five days surrounding Diwali. This marks a potential return of legal fireworks to the capital during the festival season after several years, though it comes with specific time limitations and ongoing concerns from environmental experts regarding enforcement and the effectiveness of ‘green crackers’.
A bench led by Chief Justice of India Bhushan R Gavai and Justice K Vinod Chandran announced the decision after the Union government proposed a regulated framework that would permit only ‘green firecrackers’ certified by the National Environmental Engineering Research Institute (NEERI). The court stated that the allowance would be on a trial basis and confined to specific time slots.
The Centre, represented by Solicitor General Tushar Mehta, presented a detailed plan that includes restricting sales to licensed traders and prohibiting online sales through platforms like Flipkart and Amazon in the Delhi-NCR region. Traditional firecrackers will remain banned, although the government had sought relaxation for all festivals.
Proposed timings include 8 PM to 10 PM on Diwali and other major festivals, with specific one-hour slots for New Year’s Eve and Gurpurab. The government also suggested that firecrackers could be used for weddings and personal celebrations.
However, environmental experts have voiced strong reservations, pointing to previous instances where similar policies for green firecrackers failed to significantly reduce air pollution levels. They argue that distinguishing between green and conventional crackers on the ground is often difficult, and even green crackers contribute to pollution. Experts like Sunil Dahiya highlighted that such decisions could set back the fight against air pollution in Delhi by a decade, emphasizing the need to control all pollution sources, including fireworks, stubble burning, and industrial emissions.
The court’s decision also addresses a perceived judicial impropriety, as it comes months after another bench had reaffirmed a ban on firecrackers in the region. The current bench noted that a 2018 ruling had permitted community fireworks and green crackers, raising questions about the consistency of judicial pronouncements on the matter.
Concerns about enforcement were echoed by the amicus curiae, who suggested the government’s plan might be mere ‘lip service,’ especially given the lack of adequate testing facilities in Delhi to verify product compliance. While acknowledging the plight of firecracker industry workers, the court also stressed the need for robust implementation of any new policy.
Data from previous years shows a significant spike in air pollution levels following Diwali celebrations, with particulate matter reaching alarmingly high concentrations. The government’s proposed enforcement plan involves QR codes for firecrackers, surprise inspections, public awareness campaigns, and continuous monitoring by pollution control boards.
The court acknowledged the challenges in establishing testing facilities immediately but suggested random sampling. The representatives of firecracker manufacturers proposed designating specific sale points to aid compliance verification. Last month, the court had allowed production but prohibited sales in NCR, highlighting the unsustainability of a blanket ban without effective enforcement.