Today, On 6th May, The Supreme Court has directed a strict ban on firecrackers in NCR. It warned that failure to follow the order will lead to contempt action under the Contempt of Courts Act, 1971 by the authorities.
New Delhi: The Supreme Court on Tuesday directed the governments of Uttar Pradesh, Rajasthan, and Haryana to ensure a “scrupulous ban on firecrackers in areas falling under the National Capital Region (NCR), warning that any failure to do so would result in contempt proceedings.“
A bench of Justices Abhay S Oka and Ujjal Bhuyan instructed the governments to issue a directive under the Environment Protection Act (EPA), imposing a complete ban on the manufacture, sale, and storage, including online delivery, of all types of firecrackers in the areas within the NCR region.
Also Read: ‘No Religion Supports Pollution’: Supreme Court Amid Violation of Diwali Firecracker Ban
The Court emphasized that not only its orders but also directions issued under Section 5 of the EPA must be strictly implemented through all law enforcement agencies of the states. Section 5 of the Act empowers the Central Government to issue directions to any officer or authority to regulate environmental pollution.
The top court stated that “state governments should ensure scrupulous implementation of the firecracker ban and establish a mechanism for effectively enforcing the prohibition.“
The Court said,
“We also make it clear that in case of any failure on the part of the officials of these governments and other entities to implement the directions issued by the court, action under Contempt of Courts Act, 1971 may be taken. All states forming part of NCR to file comprehensive compliance affidavit. We also direct the state governments to give wide publicity to the ban and the penalty imposed under Section 5 of the Environment Protection Act,”
On April 3, the Supreme Court refused to relax the ban imposed on the manufacture, storage, and sale of firecrackers in Delhi-NCR, noting that air pollution levels remained alarmingly high for a considerable period.
The Court stated that a large segment of the population worked on the streets and was the worst affected by pollution, adding that not everyone could afford an air purifier at home or work to combat pollution.
It added that unless the court was satisfied that the pollution caused by so-called green crackers was minimal, there was no question of reconsidering previous orders. The bench further said that restricting the firecracker ban in the Delhi-NCR region to just around Diwali would be meaningless, as they could be purchased and stored in advance.
In December 2024, the top court directed the Uttar Pradesh and Haryana governments to impose a complete ban on firecrackers until further orders. The court then noted that the Delhi government had enforced a complete ban on the manufacture, storage, and sale, including delivery of firecrackers through online marketing, year-round with immediate effect.
The bench underlined that the ban’s efficacy depended on “when other states forming part of the NCR region” imposed similar measures.
It said,
“Even the state of Rajasthan has imposed a similar ban in that part of State of Rajasthan which falls in NCR regions. For the time being we direct the states of Uttar Pradesh and Haryana to impose a similar ban which is imposed by the state of Delhi,”
Concern over high pollution levels in Delhi during Diwali prompted the apex court to make observations against violations of its orders, pointing out that they were “hardly implemented.”
The apex court was hearing a plea filed by M C Mehta in 1985 seeking directions to curb air pollution in the national capital and adjoining areas.
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