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The Supreme Court on Friday allowed firecracker manufacturers to continue producing certified green firecrackers, but said they cannot be sold in Delhi and other restricted parts of the National Capital Region (NCR), where pollution levels spike severely during winter.
A bench of Chief Justice BR Gavai, Justice K Vinod Chandran and Justice NV Anjaria emphasised the need for a balanced approach. “What is the problem in allowing them (firecracker manufacturers) to manufacture if they follow norms? Extreme orders will create problems. Let them manufacture and let there be no sale in Delhi-NCR till further orders,” the Chief Justice said. The Court added that licences of sellers violating the ban in restricted areas should be cancelled immediately.
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The Additional Solicitor General (ASG) Aishwarya Bhati, appearing for the central government, sought ten days’ time to propose a workable framework after consulting stakeholders.
Granting the request, the bench asked the Centre to present a comprehensive plan and posted the matter for further hearing on October 8.
In the meantime, it said, manufacturing could continue, but subject to strict conditions. Only those units certified by the Petroleum and Explosives Safety Organisation (PESO) and the National Environmental Engineering Research Institute (NEERI) will be permitted to operate, and they must file an undertaking before the Court that no sales will take place in Delhi or NCR.
During the hearing, the bench noted that blanket prohibitions had failed in the past and sometimes even fuelled illegal markets. Drawing a comparison with Bihar’s ban on mining, which led to the rise of mafias, the Court observed that enforcement without practicality could prove counterproductive. “It is appropriate if the Union comes up with a solution after consulting all stakeholders, including Delhi government and manufacturers,” the order said.
The proceedings also touched upon earlier top court pronouncement, regulating bursting of firecrackers across the country. The bench recalled that its October 2018 ruling in the Arjun Gopal case had permitted limited use of green firecrackers instead of imposing a total ban. That order had allowed bursting of firecrackers only during fixed hours on festivals and celebrations, while banning joined firecrackers (laris) and restricting online sales. The Court had then also directed PESO to ensure that only crackers free from banned chemicals like lithium, arsenic, lead, and mercury were certified for use.
At today’s hearing, senior advocate K Parameshwar, representing manufacturers, argued that the 2018 framework could still be followed with proper safeguards. “We can adhere to the norms. There were extensive directions in the Arjun Gopal case,” he said.
ASG Bhati supported the view that a nationwide prohibition was unnecessary, noting that even the Environment Ministry had clarified it was not seeking a complete ban.
Amicus Curiae Aparajita Singh opposed any relaxation, stressing the health hazards. “The elderly, infirm, and vulnerable suffer when firecrackers are used. Even one hour of exposure sends them to the hospital,” she cautioned, warning against creating a carte blanche.
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