Will the Supreme Court Lift the Ban on Green Firecrackers This Diwali?

The Supreme Court of India reserved its judgement on Friday regarding the potential relaxation of a year-round firecracker ban in Delhi and the National Capital Region (NCR), specifically for the sale and bursting of eco-friendly "green" firecrackers during Diwali. The hearing, part of the long-standing MC Mehta environmental case, balanced cultural traditions against the region's chronic air pollution crisis, with Solicitor General Tushar Mehta advocating for limited permissions to foster a "balanced approach". A bench led by Chief Justice B.R. Gavai and Justice K. Vinod Chandran heard arguments from the Centre, NCR states, manufacturers, and amicus curiae but deferred a final ruling, leaving Diwali celebrations—set for October 20—hanging in uncertainty.

The case stems from an April 3, 2025, order upholding a December 2024 Delhi government directive that imposed a perpetual ban on firecracker manufacturing, storage, and sale across 16 NCR districts spanning Delhi, Haryana, Uttar Pradesh, and Rajasthan. This extended prior seasonal restrictions aimed at curbing winter smog, which often plunges the Air Quality Index (AQI) below 50, endangering public health. On September 26, the court conditionally allowed certified manufacturers to produce green firecrackers—those reducing emissions by about 30% through NEERI-approved formulations, like using shells instead of barium nitrate—but barred sales in NCR pending stakeholder consultations.

Mehta, representing the Centre and NCR states, urged lifting the sales ban for festivals, proposing green crackers be permitted from 8 p.m. to 10 p.m. on Diwali, and brief windows like 11:55 p.m. to 12:30 a.m. on Christmas and New Year's Eve. He emphasised enforcement by bodies such as the Petroleum and Explosives Safety Organisation (PESO) to prevent illegal "laris", or joint crackers, noting pollution levels have stabilised post-pandemic without clear firecracker attribution.

Opposition came from amicus curiae Aparajita Singh, who highlighted the 2018 Arjun Gopal judgement's framework limiting even green crackers due to their residual pollutants, including particulate matter that exacerbates respiratory issues in vulnerable groups like children and the elderly. She argued the ban protects the poor, who bear the brunt of toxic air without escape options like air purifiers or seasonal relocations enjoyed by the elite.

Manufacturers, represented by senior advocates like Balbir Singh and K. Parameshwar, sought full permissions, pledging adherence to safety norms and livelihoods for thousands in the Sivakasi hub in Tamil Nadu. Chief Justice Gavai questioned the NCR-centric focus, remarking, "If firecrackers are to be banned, they should be banned across the country—the right to clean air cannot be limited only to Delhi-NCR." The bench also noted regional Diwali variations, such as morning celebrations on Narak Chaturdashi, complicating uniform timings.

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Delhi Chief Minister Rekha Gupta has publicly supported relaxation for green crackers, stressing Diwali's cultural significance and public sentiment, while the Commission for Air Quality Management (CAQM) monitors compliance. As NCR grapples with AQI hovering in the "poor" category this October, the verdict could set precedents for festival emissions nationwide. Environmentalists warn of stubble-burning synergies worsening smog, but proponents view limited green use as a compromise honouring traditions without total prohibition. The court, deeming a complete ban "impractical" due to enforcement challenges, will reconvene soon, potentially before Diwali, to deliver a verdict that could either light up skies briefly or enforce sobriety amid health imperatives.

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