Green crackers allowed for two days in Delhi-NCR during Diwali, with fixed time slots: Supreme Court

The Supreme Court on Monday allowed the sale and bursting of certified green firecrackers in Delhi-NCR between 6am and 7am and 8pm and 10pm on November 7 and 8, ahead of Diwali. The court, though, made it clear that a complete ban on firecrackers would be reinstated from November 9.Delhi-NCR gets two-day window for green firecrackers, complete ban from November 9 (HT)A bench of justices MM Sundresh and PB Varale said it was opting for a regulated approach rather than a blanket prohibition, noting that the earlier complete ban had neither significantly improved air quality nor prevented the illegal sale and use of conventional firecrackers. It also pointed out that restrictions had repeatedly been violated, with conventional crackers being sold under the guise of green firecrackers.“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 bench observed.ALSO READ | ‘Orders becoming a mockery’: Supreme Court pulls up Delhi govt over firecracker curbsThe court said that while firecrackers undoubtedly contributed to pollution, measures taken by authorities, either following judicial directions or on their own, had failed to achieve the desired results. It stressed that the problem lay in implementation and called for better coordination among stakeholders and sustained monitoring beyond the festive season.“We are inclined to regulate the manufacture, storage, sale and bursting of green firecrackers, instead of maintaining the complete ban on the same, for a temporary period,” it said.Why the court allowed a limited relaxationThe bench flagged the growth of an illegal market for conventional firecrackers despite the prohibition. It observed that the complete ban was encouraging their sale while preventing consumers from purchasing legitimate green crackers and next-generation joined green crackers that had undergone testing at established facilities.The court also examined the issue in the context of religious freedom and the right to a healthy environment. It said the right to practise, profess and propagate religion under Article 25 of the Constitution was subject to public order, morality, health and other fundamental rights, including the right to life under Article 21, which encompasses the right to a healthy and pollution-free environment.ALSO READ | ‘Delhi's air will be very bad after Diwali’: SC judge on request to defer a hearingIt added that an individual's right to engage in a religious practice, even one associated with religious traditions, could not override these constitutional restrictions.At the same time, the bench acknowledged Diwali's religious, social, psychological and emotional significance, describing it as a festival that had acquired a national and international character over centuries. Tracing the use of firecrackers in India to the introduction of gunpowder, it noted that ancient Hindu scriptures, including the Skandapurana and Padmapurana, referred to the use of lamps as a ritual associated with the festival.“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 said.It also noted that all parties before it agreed that bursting firecrackers contributed significantly to pollution in Delhi-NCR.Rules for manufacturing and selling green crackersUnder the court's directions, manufacturers holding valid certifications from the Council of Scientific and Industrial Research-National Environmental Engineering Research Institute (CSIR-NEERI) and the Petroleum and Explosives Safety Organisation (PESO) can manufacture approved green crackers between November 2 and 6.ALSO READ | Gurugram police form several teams to crack down on illegal firecracker sale ahead of DiwaliOnly products listed on the CSIR-NEERI website can be manufactured and sold. Their boxes must remain completely sealed to prevent conventional firecrackers from being mixed with approved green products.Sales will be permitted only at designated locations identified by district collectors and commissioners in consultation with district police chiefs. Online sales have been prohibited.Traders whose licences were cancelled will have them temporarily restored between November 4 and 6 to facilitate the sale of approved green crackers. However, any violation of the court's conditions will lead to immediate cancellation of their licences.To help consumers identify genuine green crackers, the bench has made product-specific QR codes mandatory on every box. Scanning the codes must reveal details such as the manufacturer's name, NEERI registration, PESO or district magistrate's licence, formulation and test certificate.The QR codes will be non-transferable, and their sale or transfer will itself be treated as a violation, inviting cancellation of the registration or licence.The court has prohibited the manufacture and sale of firecrackers joined in series, commonly known as 'laris', as well as crackers containing barium and those not approved by CSIR-NEERI. Authorities have also been directed to confiscate illegal and conventional firecrackers and initiate prosecution against manufacturers and traders found violating the rules.No-cracker zones and monitoringThe permitted bursting hours will not apply within 300 metres of hospitals, nursing homes, primary and district health centres, old-age homes, educational institutions and notified silence zones. These areas will be declared no-cracker zones, marked on the ground and publicised.The bench has also directed manufacturers and traders across Delhi-NCR to furnish substantial monetary security deposits, which will be forfeited if they violate the court's directions or applicable regulations.Police and district administration teams will conduct regular inspections at designated sale points, verify QR codes and check vehicles entering Delhi-NCR to prevent the movement of illegal and conventional firecrackers.The court has also directed pollution-control authorities to collect detailed data on the environmental and health impact of the temporary relaxation.The Central Pollution Control Board (CPCB), in consultation with state pollution control boards, will prepare daily air-quality reports for November 2-6, November 7-8 and the post-Diwali period from November 9-30. Samples of sand and water will also be collected for comparative analysis.Authorities have been asked to inspect air-quality monitoring stations reported to be non-functional and immediately fix any defects. They will also collect hospital data on increases in patient admissions and any reported deaths attributable to pollution following the festival.State governments will have to submit affidavits detailing compliance, enforcement measures and the health impact of firecracker use by December 14.The bench said it would monitor the implementation of its directions through periodic hearings and warned that contempt action would be initiated against officials responsible for non-compliance.Previous relaxation and background of the caseThe latest order follows the Supreme Court's October 2025 decision to permit the sale and bursting of green crackers for three days, from October 18 to 20, as a temporary measure. This came after a complete ban had been imposed across Delhi-NCR in December 2024.The earlier relaxation was also subject to strict conditions, including designated sale points, QR-code verification, restrictions on bursting hours and air-quality monitoring.However, the bench said the states had failed to comply with those directions and had not submitted the required information to assess the impact of the relaxation. It also noted that despite the reinstatement of the complete ban, air quality had deteriorated sharply on Dussehra and the following day this year. Conventional firecrackers, it added, continued to be sold as green crackers.The proceedings stem from a 2015 petition filed on behalf of three minors, including Arjun Gopal, seeking a ban on the sale and use of firecrackers in Delhi-NCR because of their harmful effects on children and other vulnerable sections of society.The Supreme Court has since issued several directions to regulate the manufacture, sale and use of fireworks, including restrictions on barium-containing crackers and joined firecrackers.While rejecting the petitioners' renewed plea for a complete prohibition at this stage, the bench stressed that the temporary relaxation should not be seen as an endorsement of unrestricted firecracker use. Instead, it said, the move was aimed at allowing consumers access to legitimate, tested products under strict safeguards while generating scientific evidence on their environmental and health impact.In its concluding observations, the bench called for a broader change in public attitudes towards celebrations and pollution. Invoking the precautionary principle, it emphasised the need for preventive measures rather than a response only after pollution levels rise.The court also appealed to members of the Bar, celebrities and sportspersons to voluntarily participate in public-awareness campaigns promoting responsible celebrations.The matter has been listed for further compliance on December 16.