The Supreme Court has observed that although a blanket ban on firecrackers appears to be the ideal solution to address environmental pollution, adequate data is not available to determine whether such a prohibition is actually the most effective measure, especially since Air Quality Index (AQI) readings showed no significant improvement following the complete ban imposed in Delhi-NCR in 2024.

A bench of Justice MM Sundresh and Justice Prasanna B Varale made this observation while permitting bursting of green crackers for two days during Diwali. The Court observed that the state and central authorities did not furnished sufficient material to assess whether the 2024 ban had achieved its intended objective.

“Though imposition of a blanket ban seems to be the ideal solution, we are of the opinion that this Court, at this point in time, is short of adequate data to decide whether or not a complete ban would be the best solution to solve the problem of environmental pollution, caused by bursting firecrackers,” the Court observed.

It added that despite the complete ban imposed in 2024, there had been “no significant improvement in the AQI readings”, making it difficult to determine whether the prohibition had served its purpose.

The Court had on October 15, 2025 temporarily relaxed the complete prohibition as a test case to enable the States to ascertain the precise environmental and health effects of permitting green crackers and place the findings before it. However, the States “utterly failed” to comply with the directions and provide the required data, the Court observed.

The Court further observed that the situation had not improved even after the complete ban resumed. Referring to the background note submitted by the Amicus Curiae, it noted that there had been a significant spike in AQI levels on Dussehra and the following day this year, notwithstanding the prohibition.

The Court also expressed concern that conventional firecrackers continue to be sold under the guise of green crackers despite the ban. It observed that the complete prohibition is facilitating illegal sales while preventing consumers from purchasing legitimate green crackers and Next-Generation Joined Green Crackers tested at established facilities.

The Court observed that ancient Indian philosophers and thinkers regarded the environment as an integral part of religion and considered all living beings as interconnected. It said that religious practices, including festivals, ought to facilitate this understanding, pointing to the reverence accorded to natural elements such as air, water, fire, earth and the sky. The Court noted that the introduction of gunpowder in India several centuries ago brought about a change in the manner of celebration of Diwali, leading to the widespread practice of bursting firecrackers.

"Ancient Hindu scriptures such as the 'Skandapurana' and the 'Padmapurana' refer to the use of lamps as a ritual, while observing the festival of Deepawali. With the introduction of gun-powder in India a few centuries ago, the celebration, underwent a change. This led to the introduction of bursting firecrackers, which have been extensively done for many years."

However, the Court highlighted that the practice, though associated with religious celebration, causes severe environmental pollution, including air and noise pollution, besides generating solid waste.

It observed that the unregulated use of firecrackers affects everyone, including those bursting them, and identified children, persons with disabilities and the elderly as particularly vulnerable groups.

“Bursting of firecrackers, though constitutes a religious practice meant to celebrate the occasion, shall result in severe environmental pollution, especially air and noise, apart from the creation of solid wastes. The unregulated practice, thus, affects everyone including the end user. Amongst human beings, children, disabled and the elderly people constitute the most vulnerable groups. Every year, the statistics also reflect a huge spike in the 'Air Quality Index' (for short, 'AQI') as well as the pollution levels, including the release of 'Particulate Matter' (for short, 'PM') in the atmosphere, after the festival is celebrated across the country, and more significantly, in the Delhi-NCR region”, the Court observed.

The Court noted that AQI and pollution levels, including particulate matter in the atmosphere, witness a substantial spike every year after Diwali, particularly in Delhi-NCR.

Firecracker particulate matter can remain in atmosphere for days: Supreme Court

The bench expressed concern that particulate matter released by firecrackers remains suspended in the atmosphere for several days after the festival.

It observed that the microscopic particles are incapable of being filtered by the human body after inhalation and can enter the bloodstream, causing substantial damage. The same consequences extend to other forms of life, the Court said, adding that pollution over the years had resulted in an increase in health-related complications.

The Court also highlighted Delhi-NCR's peculiar geographical conditions, observing that low wind speeds restrict the free movement of air and cause pollution to persist. Temperature inversion during winter further aggravates the situation, it noted.

Article 25 cannot override environmental rights under Article 21

The Court discussed the relationship between religious practices associated with Diwali and the right to a pollution-free environment. It highlighted that the right to practise, profess and propagate religion under Article 25(1) of the Constitution is subject to public order, morality, health and other provisions of Part III.

“The right of an individual to engage in a particular practice, which may have a religious color, is only a qualified one and cannot go beyond the Constitutional restrictions,” the bench observed.

The Court reiterated that the right to life under Article 21 encompasses the right to a healthy, safe and pollution-free environment.

At the same time, it acknowledged the religious, social, psychological and emotional significance of Deepawali, observing that the festival creates a positive atmosphere of hope, welfare and prosperity.

However, allowing environmental degradation resulting in health hazards to living beings would defeat the very purpose of the festivities, the Court said.

“We are also conscious of the fact that the celebration of Deepawali has a religious, social, psychological and emotional connotation amongst people, creating a positive atmosphere of hope, welfare and prosperity. That being said, allowing the environment to degrade, which results in a health hazard to all the living beings, defeats the very purpose of the festivities, and the celebrations would be rendered nugatory”, the Court observed.

The Court noted that all parties before it, including the government, agreed that bursting firecrackers contributed enormously to pollution in the Delhi-NCR region.

The Court observed that measures undertaken by authorities, whether pursuant to its directions or independently, had not yielded the desired results, indicating that lack of implementation is a major problem.

It emphasised the need for better coordination among stakeholders and continued regulation, monitoring and enforcement beyond festival periods.

“The fact remains that bursting firecrackers would certainly cause pollution. We find that the measures undertaken either by the authorities based on the orders of this Court or by their own, have not yielded the desired result. Therefore, it can be seen that the problem lies in the implementation. Certainly, there has to be better coordination amongst all relevant stakeholders. We are of the opinion that the process of regulating, implementing and monitoring by the authorities should continue not only during the festival times, but more importantly, even thereafter”, said the Court.

The Court said that periodic assessment of pollution and its consequential effects after the festive season is necessary. In view of the inadequate data, recurring enforcement failures and concerns over illegal firecracker sales, the Court decided to temporarily regulate the manufacture, storage, sale and bursting of green crackers instead of continuing the complete prohibition.

The Court permitted bursting of green crackers on November 7 and 8, 2026, during specified morning and evening hours, subject to stringent restrictions. The year-round ban would resume from November 9.

The States have been directed to submit AQI reports and data on hospital admissions following Diwali, among other compliance details, to enable the Court to assess the environmental and health consequences of the regulated relaxation.

The matter will be taken up on December 16, 2026.