Supreme Court hints at allowing green crackers in Delhi-NCR during festive season

The Supreme Court on Friday hinted at relaxing the absolute ban on manufacture, storage, sale and bursting of firecrackers in Delhi-NCR during the festive season as it reserved its order on allowing the use of green crackers.

“For the time being, we will permit lifting the ban during Diwali,” said a bench of Chief Justice of India BR Gavai and Justice K Vinod Chandran which had on September 26 said a complete ban was hardly implemented and that an absolute ban was not “practical or ideal”.

The bench reserved its order on applications seeking recall/modification of the April 3 order imposing a year-long blanket ban on firecrackers, including green crackers, in Delhi-NCR during Diwali.

Apart from Delhi, several districts from Uttar Pradesh, Haryana and Rajasthan fall under NCR.

Delhi Chief Minister Rekha Gupta had on Monday announced that the Delhi Government will urge the Supreme Court to permit the use of certified green firecrackers during Diwali.

On behalf of the NCR states, Solicitor General Tushar Mehta on Friday urged the Bench to adopt a balanced approach and permit bursting of green crackers from 8 pm to 10 pm on Diwali subject to certain conditions, including that only green crackers approved by National Environmental Engineering Research Institute (NEERI) could be manufactured, sold and used.

Mehta suggested that on Christmas eve and New Year eve, bursting of crackers should be allowed from 11.55 pm till 12.30 am. On Gurpurab, bursting of crackers should be allowed from 4 am to 5 am in the morning and from 9 pm to 10 pm in the night, he said, adding that for marriages and other occasions, sale and use of green crackers may also be permitted.

“There should not be any restrictions on the timing, at least for a few days. Let children celebrate with fervour,” Mehta said.

It would be ensured by the NCR states, Delhi Government and Petroleum and Explosives Safety Organisation (PESO) that joint fire crackers or ‘laris’ are not manufactured, sold and used, Mehta said. The sale of permitted green crackers should only be through licensed traders, he emphasised.

“It shall be ensured by the NCR state governments, GNCTD and PESO that no e-commerce website, including Flipkart, Amazon etc, shall accept any online order and effect any online sale,” he suggested.

Amicus Curiae senior advocate Aparajita Singh expressed concern over fake green crackers sold under false labels that used polluting chemicals.

Advocating balance between the right to livelihood of workers in cracker manufacturing units and citizens’ right to a clean environment, the Supreme Court had on September 26 allowed certified manufacturers to produce green crackers in Delhi-NCR even as it said they can’t sell crackers in prohibited areas that face heightened air pollution.

“What is the problem in allowing them to manufacture (green crackers) if they follow norms. There has to be a solution. Extreme orders will create problems....So let them manufacture and let there be no sale in NCR till further orders...,” the bench had said.

It had asked the Centre to take a fresh look at the absolute ban on the manufacture of firecrackers in Delhi-NCR. It directed the Ministry of Environment, Forests and Climate Change (MoEFCC) to consult all stakeholders — the Delhi Government, manufacturers, sellers and others before taking a final decision.

“In the meantime, we permit the manufacturers who are having the certification of green crackers as certified by NEERI as well as PESO to manufacture... However, this will be subject to an undertaking by the manufacturers that until further orders, they would not sell their crackers in the prohibited areas,” the top court had ordered.

The bench issued the conditional order permitting certified manufacturers to produce green crackers till the plea is heard.

On April 3, a bench headed by Justice AS Oka (since retired) had refused to relax the ban on manufacture, storage and sale of firecrackers in Delhi-NCR on the ground that air pollution levels remained alarming for a considerable time.

While hearing a 1985 PIL filed by lawyer-turned environmentalist MC Mehta, the top court has been passing orders to check pollution in Delhi and adjoining areas.

Cracker manufacturers have contended that the April 3 order extending the ban on firecrackers in NCR throughout the year — instead the winter pollution season — went against the top court’s 2018 judgment in the Arjun Gopal case.

“We will revisit Arjun Gopal in case… with modifications suggested by you (the Centre) and with modifications suggested by the amicus curiae, we will try to balance it,” the CJI said.