SC refuses to relax ban on firecrackers in Delhi-NCR; says pollution poses grave threat to right to health

In a landmark decision, the Supreme Court on Thursday, April 3, imposed a complete year-long ban on the manufacture, sale, storage, and use of firecrackers in Delhi-NCR, including so-called green crackers, citing the region’s dangerously high air pollution levels. The Court also banned online sales of firecrackers.

The bench comprising Justice Abhay Oka and Justice Ujjal Bhuyan observed that seasonal bans for 3–4 months are no longer effective. “The air pollution level remains alarming for a considerably long time,” said the bench. “One can imagine the effect of air pollution on the common man as everyone cannot afford to have air purifiers… There is a section of the population who works on the streets and they are the worst affected.”

The Court ruled that no exemptions will be granted, not even for green crackers, pointing to a central government report that states green crackers emit only 30% less than conventional ones. The Court said there is no question of relaxation unless it can be shown that their emissions are bare minimum.

Rejecting manufacturers’ arguments over livelihood and trade rights, the Court asserted that right to health and clean air under Article 21 of the Constitution takes precedence. It also reminded citizens of their duties under Article 51A, which mandates that individuals help keep the environment pollution-free.

Background and enforcement

The ban is part of a broader ongoing pollution monitoring effort under the MC Mehta case, where the top court is also overseeing matters such as stubble burning, vehicular emissions, and waste management.

Earlier, in December 2024, the Court directed NCR states to consider a full-year ban following inadequate enforcement in previous years. While Delhi had already imposed a comprehensive ban, other states were lagging behind. The Court also instructed Uttar Pradesh and Haryana to follow suit and implement a uniform policy across all NCR districts.

This decision comes amid a deteriorating air quality trend in Delhi and surrounding regions, with the Court reiterating that the ban may be paused or adjusted only based on future environmental conditions.

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