NEW DELHI: In a significant order, the Supreme Court on Wednesday allowed the limited sale and bursting of green firecrackers in Delhi-NCR for Diwali, from October 18 to October 21 with strict monitoring conditions.
The apex court passed the detailed order in connection with a case relating to air pollution in the Delhi-National Capital Region (NCR), keeping in view the fact that the festive season of Diwali is round the corner.
A bench of Chief Justice of India B.R. Gavai and Justice K. Vinod Chandra ordered that the bursting of green firecrackers should be limited to the hours between 6-7 am and 8-10 pm during Diwali.
The SC passed a slew of interim directions on Wednesday while permitting the sale and bursting of green firecrackers in Delhi and the National Capital Region during Diwali.
The apex court, in its detailed order, said that the relaxation is only on a test case basis and shall be only for the specified period.
“We have to take a balanced approach, taking into account the conflicting interests and permit in moderation, while not compromising the environmental concerns arising,” the bench said.
The top court passed the order after considering the pleas of both the Government of NCTD and the Government of India, which sought relaxation of the ban, at least during the festive periods.
It said that green crackers have substantially reduced emissions over the six years. “The Pollution Control Boards and states, too, shall take random samples for analysis, which shall be transmitted to PESO. On violations noticed, the responsibility shall attach to those involved in the manufacturing or sale of prohibited products, who shall not only be penalized but also have their licence/registration from PESO or with NEERI cancelled,” the top court said.
The sale of firecrackers shall be permitted only from designated locations in the entire Delhi-NCR, which shall be identified by the District Collectors/Commissioners in consultation with the District Superintendent of Police and given wide publicity, the order stated.
It was ordered that sales shall be only through licensed traders and of green crackers manufactured by those registered with NEERI and licensed by PESO.
“Any firecracker seized that is not manufactured by the registered/licensed manufacturers shall be immediately confiscated,” the bench ordered.
Further, 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, it said.
The Central Pollution Control Board, in consultation with the State Pollution Control Boards and their respective regional offices within the districts under the NCR, shall monitor the air quality index in their respective jurisdictions starting from October 14 till October 25 and file a report before the court, specifying the air quality of each day.
“Along with such monitoring, the Regional Offices of the State Pollution Control Boards shall also take samples of sand and water from sites with a high density of use for analysis,” the bench said and listed the matter after three weeks.
The bench said bursting firecrackers is an expression of the festive spirit and enhances the mood in religious and other auspicious ceremonies; however, that cannot lead to a situation of causing long-term or even short-term damage to health by uncontrolled use.
It said, “Aggravated environmental pollution resulting in serious health hazards is pitted against the right to life and the right to carry on a profession, as available to the persons engaged in the firecrackers industry and their workmen. Bursting firecrackers is an expression of the festive spirit and it enhances the mood in religious and other auspicious ceremonies, embedded in the cultural milieu of India. However, that cannot lead to a situation of causing long-term or even short-term damage to health by an uncontrolled use, based only on traditions and cultural or religious norms.”
“We cannot but reiterate, as this court has held oftener than ever, that the commercial considerations and the festive spirit should take a back seat when it concerns the environment and health,” the top court said.
Delhi CM welcomes decision
Delhi Chief Minister Rekha Gupta welcomed the Supreme Court decision, saying it honours the sentiments of people on Diwali and also reflects a balanced approach towards environment protection.
In a post on X in Hindi, she said the Delhi government expresses its gratitude to the Supreme Court for permitting the use of green crackers in the national capital at the government's special request.
"This decision honours the sentiments and festive spirit of the people on the auspicious occasion of Diwali, while also reflecting a balanced approach towards environmental protection. The Delhi government remains fully committed to respecting public sentiment and the vision of a clean and green Delhi. Our goal is to ensure that the festive joy continues while safeguarding the environment," she added.
Urging people to come together to celebrate the harmony of festivity and sustainability with green crackers, she stressed on working towards realising the vision of a Green and Prosperous Delhi.
"Delhi Minister Kapil Mishra also welcomed the order, and said people will celebrate the festival of Diwali traditionally after many years. In a post on X in Hindi, he said that with the change in government in Delhi, "the ban on Hindu festivals have come to an end".
"Jai Shri Ram! With the change in government, after years, Delhiites will celebrate Diwali in the traditional way. The Supreme Court's decision to allow green crackers on Diwali is a welcome one. Gratitude to Chief Minister @gupta_rekha ji and the Delhi government for presenting the people's voice before the court," he said on X in Hindi.
(With inputs from PTI)
