Supreme Court questions firecracker ban limit to Delhi-NCR, suggests nationwide ban

As the festive season of Dussehra and Diwali approaches, the Supreme Court on Friday questioned why the ban on firecrackers should be limited to Delhi and the National Capital Region (NCR) alone. The court suggested that the ban should be extended to the entire country. “If citizens residing in NCR are entitled to pollution-free air, why not citizens in other parts of the country?” a bench led by Chief Justice of India, BR Gavai, asked.

The Chief Justice emphasised that it would be incorrect to assume that the right to pollution-free air is only for those living in Delhi-NCR. “We can’t have a policy just for Delhi because they’re elite citizens of the country,” the CJI said while hearing the MC Mehta case on air pollution in Delhi-NCR caused by firecrackers, stubble burning, and other sources.

Amicus Curiae senior counsel Aparajitha Singh told the bench that the elites take care of themselves by leaving Delhi during periods of pollution and using air purifiers. However, it’s the people on the streets, such as labourers, who don’t have a choice and are disproportionately affected.

On behalf of the Centre, Additional Solicitor General Aishwarya Bhati submitted that National Environmental Engineering Research Institute (NEERI) is working on developing green crackers. She also mentioned that Commission of Air Quality Management (CAQM) in NCR and adjoining areas will submit a report on the issue in consultation with NEERI. The bench, which also included Justice K Vinod Chandran, asked the authorities to submit the report and posted the matter for further hearing on September 22.

The top court was hearing an application filed by firecracker manufacturers from Haryana seeking modification of its April 3, order completely banning the manufacturing, storage, sale, and use of firecrackers in Delhi-NCR. During the hearing, Singh mentioned that the situation in Delhi during winter is severe, with people struggling to breathe due to pollution. The CJI responded by saying that he had visited Amritsar during the previous winter and found the pollution levels to be worse than in Delhi.

The CJI emphasised the need for a national response to a national problem, stating that if firecrackers are to be banned, they should be banned throughout the country. “There has to be the same policy throughout the country. There can’t be a separate policy for Delhi,” the CJI said.

The court also discussed the impact of the ban on firecrackers on workers in the industry. Senior lawyer K Parameshwar, representing firecracker manufacturers, submitted that due to the complete ban on firecrackers, authorities have started revoking all licenses that were otherwise valid up to 2028-2030. The bench asked the authorities to maintain the status quo with regard to the cancellation of firecracker licenses until the next date of hearing of the matter.