SC hints at easing ban on firecrackers in Delhi-NCR

The Supreme Court on Friday hinted at relaxing the absolute ban on manufacture, storage, sale and bursting of firecrackers in the Delhi–National Capital Region 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 directive 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 the NCR.

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

On behalf of 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 the 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 Gurpurb, 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 on weddings and other occasions, sale and use of green crackers might 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 the Petroleum and Explosives Safety Organisation (PESO) that joint fire crackers or "laris" were not manufactured, sold and used, Mehta said. 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.