Supreme Court Relaxes Absolute Firecracker Ban In NCR For Diwali; Allows Sale & Use Of Green Crackers

The Supreme Court on Wednesday (October 15) relaxed the absolute ban on the use of firecrackers in the National Capital Region, and allowed the use of green firecrackers for the Diwali festival, subject to certain restrictions.The Court said that, as a temporary measure, it was proposing to adopt the approach taken by the Supreme Court in 2018 in the Arjun Gopal Case.The following are the directions :A. The sale of green crackers as uploaded on the website of NEERI shall be permitted commencing from 18.10.2025 and continuing only till 20.10.2025.B. The sale of these products shall be permitted only from the designated locations in the entire National Capital Region which shall be identified by the District Collectors/Commissioners in consultation with the District Superintendent of Police and given wide publicity.C. The police authorities, in consultation with the district administration shall constitute patrolling teams to keep a vigil on the designated locations of sale, including Officers as nominated from the Regional Offices of the State Pollution Control Boards. The patrol teams so constituted shall acquaint themselves with the green cracker products as uploaded in the website of NEERI and the registrations granted as also the QR Codes issued to individual manufacturers.D. The patrol teams shall conduct regular reconnaissance in the designated sites to ensure that only the permitted products shall be sold and that too having the QR Codes issued. They shall also take random samples for the purpose of analysis, which shall be transmitted to PESO. On violations noticed, the responsibility shall attach to those involved in manufacturing or sale of prohibited products who shall not only be penalised but also their licence/registration from PESO or with NEERI shall stand cancelledE. The district administration and the police shall ensure that use of firecrackers shall be confined between 6:00 AM to 7:00 AM and 8:00 PM to 10:00 PM on the two days i.e., the one before and on the Diwali day.F. The sale shall be only through licensed traders and of the products i.e. the green crackers manufactured by those who are registered with the NEERI and obtained license from PESO. Any firecracker seized which are not manufactured by the registered/licensed manufacturers shall be immediately confiscated.G. There shall be no firecrackers allowed into the NCR region from outside the said region.H. The use of firecrackers with Barium and those not approved by the NEERI as green cracker, shall not be permitted and if found for sale or in the possession of individuals/traders, the same shall be confiscated immediately.I. There shall be no manufacture or sale of firecrackers joined in series (laris).J. There shall be no sale or purchase of firecrackers through e- commerce networks and any supply of such products shall be detained and the product confiscated.K. The licences of traders, expired or cancelled after the ban was introduced shall be renewed for the period stipulated by the statutory authorities.L. The Central Pollution Control Board, in consultation with the State Pollution Control Boards and their respective regional offices within the districts coming under the NCR shall monitor the air quality index in their respective jurisdictions starting from 14.10.2025 till 25.10.2025 and file a report before this Court, specifying the air quality of each day indicated hereinabove. Along with such monitoring the Regional Offices of the State Pollution Control Boards shall also take samples of sand and water from sites having more density of use for analysis.The Court clarified that the the relaxation is only on a "test case basis" and the same shall be only for the period specified.A Bench comprising Chief Justice of India BR Gavai and Justice K Vinod Chandran passed the order in the long-pending MC Mehta case concerning air quality in the NCR. Earlier, on April 3, a two-judge Bench had imposed a year-long blanket ban on firecrackers, including green crackers, in the region. Several applications have since been filed seeking recall of that order. The Union Government as well as the Delhi Government sought the relaxation of the order.While reserving the order on October 10, the CJI verbally remarked on the possibility of lifting the firecracker ban only for the period of Diwali. "For the time being, we will permit on the ban lifting during Diwali".Ban has not really workedIn the order passed today, the Court said that the ban has not really put an end to the use of firecrackers and has actually resulted in the use of smuggled crackers, which cause a more damaging effect than the green crackers now developed.It said that a "balanced approach" is needed, taking into account the conflicting interests and permit the use in moderation, while not compromising the environmental concerns.The Court also noted that there was no substantial difference in the AQI in 2018 and 2014 (where there was a complete ban).It also took note of the...

Supreme Court Relaxes Absolute Firecracker Ban In NCR For Diwali; Allows Sale & Use Of Green Crackers

Anmol Kaur Bawa

The use of firecrackers is restricted between 6AM-7AM and 8PM-10 PM on the day before Diwali and the day of Diwali.

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