The Supreme Court hinted at the possibility of permitting the use of eco-friendly firecrackers in Delhi-NCR for a limited duration during Diwali and other major festivals. This consideration arose during a hearing regarding the existing ban on firecrackers in the region due to escalating pollution levels around the capital during festive seasons.
A bench headed by Chief Justice of India BR Gavai presided over petitions concerning regulations on the production, sale, and usage of firecrackers in the National Capital Region. The bench emphasized the importance of safeguarding environmental interests while also ensuring a balance between the right to celebrate and the right to a clean environment.
During the hearing, Solicitor General Tushar Mehta, representing the Union government, presented a series of recommendations proposing the authorization of only licensed and approved green firecrackers for festivals under stringent supervision. He suggested that licensed vendors should exclusively sell permitted firecrackers and insisted on a complete prohibition of online sales.
The government’s proposal included a limited relaxation period during Diwali, Christmas, and Guru Purab, with specific time frames for firecracker usage, such as between 11:55 pm and 12:50 am on Christmas and New Year’s Eve. Furthermore, weddings would only be allowed to use green firecrackers to strike a balance between celebratory rights and environmental concerns.
Mehta highlighted the importance of regulatory bodies like PESO and NEERI in ensuring the production and sale of certified green firecrackers with reduced emissions. Stringent measures such as regular inspections and maintaining detailed records of production and sales were recommended to prevent the use of banned substances like lead.
In response to queries about the impact of firecrackers on pollution levels, Mehta mentioned that there was no significant improvement in air quality post the previous bans, except during the Covid-19 period when emissions decreased due to various reasons. The amicus curiae, however, referenced past Supreme Court rulings indicating that even green firecrackers only marginally reduce harmful emissions and highlighted the severe air quality issues in Delhi.
Acknowledging the complex issues at hand, Chief Justice Gavai acknowledged the need to strike a balance between environmental protection and economic considerations, especially for marginalized communities. The bench concluded the session by expressing intent to review the government’s suggestions and potentially amend the existing ban to accommodate both environmental conservation and the public’s right to celebrate, hinting at a temporary allowance for firecrackers during Diwali under strict monitoring.