Partially relaxing its absolute ban on firecrackers, the Supreme Court on Wednesday (15th October) allowed the sale and use of green firecrackers in Delhi and the National Capital Region (NCR) during the upcoming Diwali festival. A Bench of Chief Justice of India BR Gavai and Justice Vinod Chandran issued a set of directions, in a case concerning the air quality in the NCR, permitting the sale of green firecrackers, approved by the National Environmental Engineering Research Institute (NEERI) from 18th October to 21st October.
Local administration to ensure conventional firecrackers are not sold and burst
However, the Apex Court fixed a time window for bursting the green firecrackers on Diwali and the day before. Residents of Delhi (NCR) will be allowed to burst the firecrackers on the two days from 6 am to 7 am and 8 pm to 10 pm. The court directed the local administration and the police to ensure that firecrackers not approved by the NEERI are not sold or burst in the region.
The Central Pollution Control Board (CPCB), in consultation with the State PCB, is also directed to monitor the Air Quality Index between 14th October and 21st October, 2025, specifying the air quality and file the report to the Court. “Sale of green crackers will be permitted from 18th October to 21st October. Police authority to constitute a patrolling team to keep an eye that only permitted products with QR codes are to be sold. Violation notice to be attached for persons who violate the rules. Use of firecrackers shall be confined to 6 am to 7 am and 8 pm to 10 pm on the day before Diwali and on Diwali day,” read the order. The court also prohibited the supply of firecrackers from e-commerce websites.
Absolute ban leads to smuggling, which causes more damage: SC
The order was passed by the Bench after considering the fact that an absolute ban leads to the smuggling of conventional firecrackers, which adds to the environmental damage. “Conventional firecrackers are smuggled, which causes more damage. We have to take a balanced approach. Out of 22 districts in Haryana, 14 districts fall in NCR. When the ban was imposed, there was not much difference in air quality except during the COVID period. The concept of green crackers was introduced after the judgment in Arjun Gopal. Over 6 years, green crackers have substantially reduced emissions. NEERI has contributed to it. From 14.10.2024 to 1.1.2025, a complete ban on manufacturing was imposed,” the court added.
No substantial improvement in AQI during ban period: SC
The court also took note of the fact that an absolute ban on firecrackers did not cause any substantial improvement in the AQI. “It is further to be noted that to the query as to whether there was a substantial difference in the AQIs in the year 2018 and 2024 when the ban was imposed, it has been fairly stated that there is not much difference, except the Covid period, when the AQI had drastically come down, the Court observed. The governments of Delhi, neighbouring states and some firecracker manufacturers had moved the Apex Court seeking directions to permit the use of green crackers in Delhi NCR during Diwali. The petitioners also submitted suggestions before the court for implementing the relaxations.
During the hearing of the matter on 10th October, the Solicitor General Tushar Mehta requested the Court to lift the ban on fireworks. “There is nothing on record to show that it [poor air quality] is because of the firecrackers. I urge that there is no restriction on firecrackers. If there is a two-hour timing…One hour goes in persuading parents only! We all were children! The child inside me is persuading the child in your lordships,” Mehta had urged the court.
In April this year, the top court imposed an absolute ban on the sale and use of firecrackers, due to the reason that the air quality in the Delhi NCR deteriorates during winters, largely on account of stubble burning. Last month, the Supreme Court allowed the manufacture of green firecrackers but did not lift the ban on their sale in prohibited areas.
