Supreme Court permits sale and bursting of green crackers in Delhi-NCR between October 18 and 21 for Diwali

The Supreme Court on Wednesday, 15 October, permitted the sale and bursting of green crackers in Delhi-National Capital Region (NCR) between 18 and 21 October for the Diwali festival, according to Livelaw.

Calling it a temporary measure, the Chief Justice of India (CJI) BR Gavai directed the Central Pollution Control Board (CPCB) and the State PCB to monitor the Air Quality Index (AQI) from 18 October and submit the report to the court. The monitoring will also include water sampling.

"Sale of green cracker will be permitted from 18th October to 21st October. Police authority to constitute patrolling team to keep an eye that only permitted products with QR codes are to be sold. Violation notice to be attached for persons who violate the rules. Use of firecrackers shall be confined to 6 pm to 10 pm," Bar and Bench quoted the order.

Supreme Court order on green firecrackers in Delhi-NCR

The apex court emphasised that e-commerce websites are prohibited from selling firecrackers. The decision was taken after considering that a total ban often results in the smuggling of firecrackers, which in turn worsens air quality.

The court observed, “Conventional firecrackers are smuggled which cause more damage. We have to take a balanced approach. Out of 22 districts in Haryana, 14 districts fall in NCR. When the ban was imposed, there was not much difference in air quality except during COVID period. The concept of green crackers was introduced after the judgment in Arjun Gopal. Over 6 years, green crackers have substantially reduced emissions. NEERI has contributed to it. From 14.10.2024 to 1.1.2025, a complete ban on manufacture was imposed.”

The Court had previously imposed a ban on the use of firecrackers in the city due to ongoing issues with severe air pollution in Delhi. Regarding green crackers, the Court said in April that it would not reconsider its earlier orders unless it was convinced that these crackers caused minimal pollution.

However, the Court allowed manufacturing of green firecrackers but maintained the ban on their sale in areas where restrictions were already in place, the report noted.

Delhi Govt, manufacturers and others request to use green crackers

The Delhi government, neighbouring states and manufacturers approached the Court, requesting permission to use green crackers in Delhi and other regions during Diwali. They also proposed extending similar allowances for celebrations on Christmas, Gurpurab, and New Year’s Eve.

Solicitor General Tushar Mehta requested the Court to revoke the ban on the use of fireworks during the hearing held on 10 October.

He informed the court, “There is nothing on record to show that it [poor air quality] is because of the firecrackers. I urge that there is no restriction for firecrackers. If there is a two hour timing...One hour goes in persuading parents only! We all were children! The child inside me is persuading the child in your lordships.”

Senior Advocate K Parameshwar, appearing on behalf of the manufacturers, argued that the ban on firecrackers was imposed in half of Haryana without giving the affected parties a chance to be heard.

He stated, "We are saying we will only distribute it to wholesalers from designated 25 to 30 points. And then the check becomes more effective...our children are also staying here...if it goes bad...next year also ban can be there."

Echoing this sentiment, senior Advocate J Sai Deepak remarked, “An already regulated industry was regulated further. Everyone was painted with a broad brush. Manufacturers had themselves said identify the offenders among us and punish them.”