Post by : Rameen Ariff

The Supreme Court on Friday announced that the sale and bursting of firecrackers will be allowed in Delhi and the National Capital Region (NCR) for five days during Diwali. This decision could mark the first festival season in years when fireworks are legally permitted in the capital, despite concerns raised by environmental experts about air pollution and gaps in enforcement.

The court emphasized the economic impact on firecracker industry workers, many of whom belong to marginalized communities, noting that their livelihoods are at stake. The bench, led by Chief Justice of India Bhushan R. Gavai and Justice K. Vinod Chandran, reserved its final order after the Union government proposed that only “green firecrackers” certified by the National Environmental Engineering Research Institute (NEERI) be allowed.

The court permitted firecrackers on a trial basis for five days of Diwali, with strict time limits for usage. The government submitted a detailed enforcement plan, including sales restrictions to licensed traders and a ban on online platforms like Flipkart and Amazon from selling fireworks in Delhi-NCR. Traditional firecrackers will remain banned. The plan also outlined allowed timings: 8 PM to 10 PM during Diwali, 11:55 PM to 12:30 AM on New Year’s Eve, and one-hour morning and evening slots for Gurpurab. Fireworks can also be used for weddings and other personal occasions.

Solicitor General Tushar Mehta argued for extended Diwali timings, noting that children should be able to celebrate the festival fully. He said, “It is a matter of a few days on Diwali. Let children celebrate Diwali with fervour.”

Experts, however, warned that green firecrackers have limited impact on reducing pollution. Between 2018 and 2020, similar policies had failed to lower air pollution in Delhi. Green crackers replace barium nitrate with zeolites, reduce aluminum content, and include dust suppressants, lowering emissions by about 30-35% compared to conventional crackers. Still, mass usage is likely to cause temporary pollution spikes, especially when combined with other sources like stubble burning, transport emissions, and industrial pollution.

Sunil Dahiya, founder of think-tank Envirocatalysts, stated that bursting green firecrackers could undo ten years of progress in improving Delhi’s air quality. Senior advocate Uttara Babbar, serving as amicus curiae, highlighted enforcement challenges, noting that the Petroleum and Explosives Safety Organisation (PESO) lacks testing facilities in Delhi to verify firecracker quality.

The Supreme Court’s decision follows a reversal of a previous order. Five months ago, a bench led by Justice Abhay S. Oka had reaffirmed Delhi’s firecracker ban, citing minimal air quality improvement from green crackers. The CJI-led bench on Friday questioned whether data showed substantial air quality improvement to justify lifting the ban, referencing the 2018 Arjun Gopal case, which had allowed limited community fireworks and green crackers.

Data from past years shows that firecracker use consistently triggers a sharp spike in air pollution. For instance, last year, pollution levels in Vivek Vihar, East Delhi, reached 1,853 micrograms per cubic metre at midnight—over 120 times the World Health Organization’s safe limit. Nearby areas like Patparganj and Nehru Nagar also recorded extreme levels.

Under the government’s proposed framework, manufacturers must submit product-specific QR codes to PESO and state pollution control boards, maintain records, and conduct regular emissions testing. Authorities will conduct surprise inspections, and penalties include license suspension or closure for violations. Public awareness campaigns and apps like Sameer App and Green Delhi App will help citizens identify approved firecrackers and report violations.

The court acknowledged that testing facilities cannot be set up immediately but suggested random sampling to ensure compliance. Firecracker manufacturers have also proposed designated sale points to facilitate monitoring and verification.

Last month, the court allowed manufacturers with valid NEERI and PESO certifications to resume production but maintained a ban on sales in NCR, highlighting that a blanket ban without robust enforcement is unsustainable.

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