Why SC thinks banning firecrackers right before Diwali is 'meaningless'

Why SC thinks banning firecrackers right before Diwali is 'meaningless'
03 Apr 2025

The Supreme Court has stressed that restricting the ban on firecrackers in Delhi-NCR region to few days around Diwali would be meaningless because firecrackers can be purchased and stored ahead of time.

The panel of Justices Abhay S Oka and Ujjal Bhuyan reaffirmed that earlier directives were issued in response to Delhi's horrific pollution levels over the last six months.

It then passed an order imposing a year-long ban on the use, manufacture, sale, and storage of firecrackers in Delhi-NCR.

Ban necessary to protect public health
Health concerns

Drawing attention to the alarming levels of pollution in Delhi, the court said, "Large section of population works on the streets. Not everyone can afford air purifiers. Right to health and pollution free atmosphere is for everyone."

"Restricting ban for few months will not serve any purpose as firecrackers can be stored. Unless the Court is satisfied that pollution by green crackers in minimal....the Court will not reconsider any previous order," it said.

Supreme Court questions effectiveness of green crackers
Green crackers

The hearing on Thursday centered on "green crackers," with the court questioning whether they would genuinely help cut pollution.

The bench said, "Only if green crackers are scientifically shown to cause bare minimum pollution will we consider rethinking the ban."

This was after a NEERI report said they merely reduced emissions by about 30%.

The court observed, "There is nothing green about crackers that reduce emissions by only 30%."

Allegations against environmental lawyer dismissed

The court also observed that the cracker' traders had an obligation under Article 51A of the Constitution to keep Delhi pollution-free.

The court further instructed the NCR states to establish a mechanism for properly enforcing the firecracker prohibition.

The mechanism should ensure that preventive and coercive measures are taken against violators. The state should provide affidavits on the mechanism it intends to set up to efficiently implement the firecracker ban.

Court has been monitoring pollution management
Background

The apex court has been monitoring pollution management in the NCR, with a focus on firecracker bans, stubble burning in Punjab, Haryana, and Uttar Pradesh, traffic pollution, and solid waste management, among others.

In November, the court stated that no religion advocated polluting activities and called for stringent enforcement of the ban in accordance with Article 21.

Then in January, the court extended the firecracker ban in districts of Uttar Pradesh and Haryana that fall in NCR till further orders.