Emphasising the need for moderation, the bench said that the issue required a “balanced approach” — one that protects public health and the environment without entirely curbing festive traditions.
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The Supreme Court on Wednesday eased its earlier blanket prohibition on firecrackers in the Delhi–National Capital Region (NCR), allowing the sale and controlled bursting of green crackers for two days during Diwali under strictly regulated conditions.
A bench of Chief Justice B R Gavai and Justice K Vinod Chandran permitted the sale of certified green firecrackers between October 18 and 20, specifying that their bursting will only be allowed between 6 am and 7 am, and 8 pm and 10 pm, on Diwali eve and Diwali day.
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Emphasising the need for moderation, the bench said that the issue required a “balanced approach” — one that protects public health and the environment without entirely curbing festive traditions.
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“In such a case, we have to take a balanced approach, taking into account the conflicting interests and permit in moderation, while not compromising the environmental concerns arising,” the Court observed.
The order noted that while fireworks form an intrinsic part of India’s cultural celebrations, uncontrolled use poses serious health hazards. The Court said the right to livelihood of those engaged in the firecracker industry must coexist with the right of citizens to clean air and good health.
Commercial and festive interests, it cautioned, “must yield when they threaten environmental integrity and human well-being.”
Issued as a temporary, test-case relaxation, the order adopts the same calibrated strategy introduced in the 2018 Arjun Gopal judgment, where the top court sought to curb pollution from fireworks without a total prohibition.
The Court recalled that the Arjun Gopal ruling aimed to balance three competing concerns — the livelihood of those in the firecracker industry, the citizens’ right to health and clean air, and the cultural significance of Diwali. It observed that green crackers developed by NEERI have significantly lowered emissions in recent years, but illegal and smuggled fireworks continue to aggravate pollution in the NCR.
Following that framework in the Arjun Gopal judgment, the Bench directed that only green crackers listed on NEERI’s website and certified by PESO be sold between October 18 and 20, and only through authorised outlets identified by District Collectors in coordination with the police.
The Court ordered the formation of joint patrolling teams comprising police officers and State Pollution Control Board representatives to supervise sales and ensure that only NEERI/PESO-certified products with valid QR codes are sold. Those violating it will invite penalties and licence cancellations, it warned.
It reiterated that firecrackers containing barium, joined “laris”, and those not approved as green are banned. The order also prohibits the sale through e-commerce platforms, including Amazon and Flipkart, and states that no firecrackers are allowed into the NCR from outside.
It ordered the temporary reinstatement of suspended or expired licences for the permitted duration. Meanwhile, the Central and State Pollution Control Boards were instructed to monitor air quality from October 14 to 25, collect air, sand, and water samples from high-usage areas, and submit a post-Diwali report to the Court.
While recognising that bursting crackers is “an expression of festive spirit embedded in India’s cultural milieu,” the Bench reiterated that “commercial considerations and the festive mood must take a back seat when public health and environmental safety are at stake.”
The registry has been directed to forward the order to all District Collectors in the NCR. The matter will come up again after three weeks for a review of air quality reports and the implementation of the Court’s directions.
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