Supreme Court Relaxes Firecracker Ban in Delhi-NCR

Source : Indian Express  

Introduction 

The Supreme Court of India has taken a significant Judgment by temporarily relaxing the absolute ban on firecrackers in the Delhi-National Capital Region (NCR) for Diwali 2025. On October 15, 2025, a bench comprising Chief Justice of India B.R. Gavai and Justice K. Vinod Chandran permitted the sale and use of government-approved "green crackers" on a test basis. This order attempts to balance festive traditions, the livelihood of firecracker industry workers, and the serious public health concerns arising from air pollution in the region. 

What were the Background Behind the Ban of Crackers in Delhi – NCR? 

• The legal battle over firecrackers in Delhi began in 2015 when three infants, through their parents, filed a petition in the Supreme Court seeking protection from harmful air pollution effects. 
• In 2018, the Supreme Court banned conventional firecrackers and introduced the concept of "green crackers" with a two-hour time window for bursting them during Diwali. 
• The National Green Tribunal imposed an absolute ban on firecracker sale and use in NCR during Diwali in 2020. 
• The Delhi Pollution Control Committee began issuing complete bans for the last few months of every year since then. 
• In April 2025, the Supreme Court extended this ban to cover the entire year across the NCR region. 
• Despite these bans, enforcement remained challenging, and air quality data showed that the Air Quality Index on Diwali consistently remained in the "very poor" or "severe" category since 2016. 

What are the Court's Observations? 

• The Court observed that the complete ban had not actually stopped the use of firecrackers but instead led to smuggling of conventional, highly polluting crackers into the NCR. 
• The bench noted that there was no substantial difference in Air Quality Index levels between 2018 (when green crackers were allowed) and 2024 (when there was a complete ban). 
• The Court acknowledged that both the Union Government and Delhi Government supported conditional relaxation of the ban. 
• The bench recognized the economic hardship faced by the firecracker industry and its workers, particularly those from marginalized sections of society. 
• The Court emphasized the need for a "balanced approach" that considers conflicting interests while not compromising environmental concerns. 
• The bench took note of concerns from Haryana and Rajasthan, where many districts fall under NCR and were affected by the ban. 

What Are Green Crackers? 

• Green crackers are not pollution-free but have reduced environmental impact compared to traditional firecrackers. 
• They were developed by the Council of Scientific and Industrial Research (CSIR) and National Environmental Engineering Research Institute (NEERI). 
• These crackers do not contain harmful chemicals like barium nitrate, arsenic, lithium, and mercury. 
• They release water vapor or dust suppressants that trap particulate matter generated during burning. 
• Green crackers reduce PM2.5 emissions by at least 30 percent and can reduce particulate emissions by 30-80 percent. 
• They have lower noise intensity, capped at 120 decibels. 
• Manufacturers must obtain licenses from the Petroleum and Explosives Safety Organisation (PESO) and certification from CSIR-NEERI. 
• Authentic green crackers can be identified by a green logo and QR code on packaging. 

Why Relaxation from the Ban? 

• The Court reasoned that allowing regulated use of less-polluting green crackers could be more effective than an unenforceable complete ban. 
• The development of green crackers by NEERI presented a viable middle path between complete prohibition and unrestricted use. 
• The complete ban had resulted in smuggling and use of more harmful conventional crackers. 
• Both central and state governments assured strict compliance with norms and supported the relaxation. 
• The Court wanted to balance the fundamental "right to life" (including right to clean environment) with the "right to carry on a profession." 
• The decision considered festive traditions and cultural practices associated with Diwali celebrations. 

What were the Court Directions Issued? 

• Only NEERI-approved green crackers can be sold and used in NCR. 
• Sale permitted only from October 18-20, 2025, through designated locations identified by District Collectors and police. 
• Use of firecrackers restricted to two specific time slots: 6-7 AM and 8-10 PM on the day before and on Diwali day. 
• Crackers containing barium salts or banned chemicals are strictly prohibited. 
• Sale through e-commerce websites is completely banned. 
• Joined firecrackers (laris or series crackers) are not allowed. 
• Police and pollution control board officials will form patrolling teams to monitor sale sites and verify authenticity. 
• Violators will face penalties including license cancellation. 
• No firecrackers can be brought into NCR from outside the region. 
• Central Pollution Control Board must monitor air quality from October 14-25, 2025, and submit a report. 

Arjun Gopal v. Union of India (2018) 

• The 2018 judgment in Arjun Gopal v. Union of India was the landmark case that first introduced the concept of green crackers. 
• This judgment ruled against imposing a complete ban on firecrackers but permitted only less-polluting green crackers through licensed traders. 
• The Arjun Gopal judgment fixed specific durations for bursting crackers: 8-10 PM on Diwali and other religious festivals, and 11:45 PM to 12:45 AM on Christmas and New Year's Eve. 
• The current Supreme Court order essentially adopts the approach taken in the Arjun Gopal case as a temporary measure. 
• The Chief Justice indicated willingness to revisit this judgment if the current relaxation leads to significant air quality decline. 

Conclusion 

The Supreme Court's decision represents a pragmatic attempt to find middle ground in a complex issue involving environmental protection, economic livelihoods, and cultural traditions. By allowing green crackers on a test basis with strict regulations, the Court hopes to achieve better compliance than an absolute ban while monitoring the actual impact on air quality. The success of this experiment will determine future firecracker regulations in Delhi-NCR, making the upcoming Diwali a crucial test case for balancing celebration with environmental responsibility.