In a significant development ahead of Diwali, the Supreme Court observed that a blanket ban on firecrackers in the Delhi-NCR region is proving to be neither practical nor ideal. The court noted that such restrictions are frequently flouted and suggested that a balance needs to be struck between environmental concerns and public sentiment.
These remarks were made by a bench led by Chief Justice B R Gavai and Justice K Vinod Chandran. The bench was hearing a series of petitions seeking permission for the manufacturing and sale of ‘green’ firecrackers in Delhi and the National Capital Region. The Solicitor General, representing the Centre and NCR states, argued that children should be allowed to celebrate festivals like Diwali, Gurpurab, and Christmas with firecrackers without time restrictions, emphasizing the need for a balanced approach.
Court Questions Effectiveness of Blanket Ban
The bench questioned the efficacy of the firecracker ban, which has been in effect since 2018, asking if it had resulted in any tangible improvement in the Air Quality Index (AQI). Data presented indicated that pollution levels had remained largely consistent, except during the COVID-19 lockdown.
The Need for Balance
The Chief Justice highlighted that an absolute ban is often ineffective and difficult to enforce, leading to its evasion. The court is seeking a solution that protects both the environment and the livelihoods of those in the firecracker industry. The Solicitor General proposed allowing the manufacture and sale of NEERI-approved ‘green’ firecrackers under strict monitoring, with permission for their use during festivals without time limitations. This would involve licensed traders and prohibitions on e-commerce sales, alongside periodic inspections of manufacturing units.
The court also raised concerns about the localized nature of the ban, questioning why it was confined to specific districts in Haryana and NCR regions rather than applying to the entire state.
Industry’s Perspective
Manufacturers, represented by senior advocate K Parameshwar, argued that the ban was imposed without adequate consultation and contradicted previous court rulings that permitted green crackers. They emphasized the significant investments made in developing eco-friendly options and the unfairness of penalizing the industry despite compliance efforts. Other arguments pointed out that stubble burning and industrial emissions contribute more significantly to Delhi’s pollution than festive firecrackers.
The Supreme Court had previously allowed certified manufacturers to produce ‘green’ crackers, with a condition that they would not be sold in prohibited areas without court approval. The Centre has been asked to reconsider the absolute ban on firecracker manufacturing in Delhi-NCR.