THE SUPREME COURT TODAY relaxed its earlier blanket ban on firecrackers in the Delhi–National Capital Region (‘NCR’), permitting the sale and limited bursting of certified green firecrackers for two days during Diwali under tight regulation.
A Bench of Chief Justice B.R. Gavai and Justice K. Vinod Chandran allowed the sale of green firecrackers from October 18 to October 20, directing that bursting will be permitted only between 6 a.m. and 7 a.m. and 8 p.m. and 10 p.m. on the two days — the eve and the day of Diwali.
Invoking the principle of proportionality, the Court said a “balanced approach” was required to reconcile the citizens’ right to celebrate festivals with the imperative of protecting public health and the environment. The Bench observed, “In such a case, 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 Court observed that while bursting firecrackers is deeply rooted in India’s cultural and festive traditions, it cannot come at the cost of public health and environmental safety. It emphasised that the right to livelihood of those in the firecracker industry must be balanced against citizens’ right to clean air and life. Commercial interests and festive exuberance, the Court said, must yield when they threaten environmental integrity and human well-being.
The order, issued as a temporary measure on a test-case basis, mirrors the calibrated model adopted in the landmark judgment in Arjun Gopal v. Union of India (2018) , where the Supreme Court had first laid down guidelines to mitigate pollution from fireworks without imposing a total ban.
The top Court, in its order today, recalled that the Arjun Gopal judgment sought to strike a delicate balance among three competing interests — the right to livelihood and occupation of those engaged in the firecracker industry, the right to health and clean air of citizens, and the cultural and traditional significance of Diwali festivities.
