Supreme Court Temporarily Relaxes Ban on Firecrackers in Delhi NCR
Green Crackers Allowed for Limited Period During Diwali Amidst Stricter Regulations to Balance Environmental and Health Concerns
In a significant judgment, the Supreme Court of India has temporarily relaxed the ban on firecrackers in the National Capital Region (NCR) for the Diwali festive period. This decision, dated October 15, 2025, was made in response to the ongoing legal battle between environmental concerns and the firecracker industry's economic interests, which has persisted for over a decade.
The bench, comprising Chief Justice B.R. Gavai and Justice K. Vinod Chandran, emphasized the need to balance public health and environmental protection against cultural and commercial interests. The Court reiterated that health and environmental concerns must take precedence, but acknowledged the advancements in "green crackers," which are considered less harmful to the environment.
The judgment permits the sale and use of green crackers, which have been developed to reduce emissions by 30% to 80%, during a limited window from October 18 to October 20, 2025. The sale is restricted to specific designated locations within the NCR, which will be monitored by patrolling teams to ensure compliance with the guidelines. These teams will include officers from the State Pollution Control Boards and will conduct random checks to prevent the sale of unauthorized products.
Strict guidelines have been laid out for the manufacture and sale of these crackers. Only green crackers approved by the National Environmental Engineering Research Institute (NEERI) and the Petroleum and Explosives Safety Organisation (PESO) are permitted. E-commerce platforms are prohibited from selling firecrackers to prevent unauthorized distribution.
The Court's decision comes in light of the arguments presented by various stakeholders, including the Solicitor General and representatives from the firecracker industry, who sought a relaxation of the ban citing economic hardships. However, the Court maintained that any relaxation must be closely monitored to prevent a return to previous levels of pollution.
The Court has directed the Central Pollution Control Board and the State Pollution Control Boards to monitor air quality from October 14 to October 25, 2025, and submit a report. This period is critical as it encompasses the days leading up to and following Diwali, traditionally marked by increased firecracker use.
The judgment is considered a test case, with the Court making it clear that the relaxation is temporary and subject to stringent compliance. The decision underscores the Court's commitment to ensuring that public health and environmental sustainability are not compromised, while also providing a controlled avenue for cultural celebrations.
Statutory provision(s): - Article 21 of the Indian Constitution, Environmental Protection Act, Explosive Act and Rules, Directions issued by NEERI and PESO
This judgment highlights the Supreme Court's efforts to find a middle ground that respects cultural traditions while safeguarding the health of the public and the environment. The outcome will be closely watched as it could set a precedent for future policies on environmental regulations and cultural practices.
M.C. Mehta v. Union of India, (SC) : Law Finder Doc Id # 2794839
