Today, On 10th October, Supreme Court while hearing pleas to allow manufacturing and sale of green firecrackers in Delhi-NCR said, “Some people perform morning puja and also burst crackers.” The Court has now reserved its verdict on the matter.
The Supreme Court of India reserved its judgment on a long-pending matter related to the ban on firecrackers in the Delhi-NCR region.
The case arises from a public interest litigation filed by environmentalist M.C. Mehta, which seeks to curb air pollution caused by firecracker use, especially during festive seasons.
A bench of Chief Justice B.R. Gavai and Justice K. Vinod Chandran reserved its order after hearing submissions from multiple stakeholders, including Solicitor General Tushar Mehta, on the matter.
While discussing the cultural significance of the festival, During the hearing, Chief Justice of India B.R. Gavai remarked,
“During Diwali, some people perform morning puja and also burst crackers,”
The Court examined the broader implications of the ban and the balance between the right to celebrate and the duty to protect the environment.
Solicitor General Tushar Mehta informed the bench about existing government regulations that govern the production and sale of firecrackers.
He stated,
“These are the rules for manufacturing green firecrackers as approved by PESO. Manufacturers must mention the quantity and details. Sites violating the rules will be seized immediately. PESO and NEERI will periodically check production to ensure only approved green formulations are sold. These rules will apply for Diwali, Christmas, and Gurupurab, balancing the public’s right to celebrate with environmental concerns.”
A counsel representing the firecracker industry argued that the authorities have ignored major contributors to Delhi’s pollution.
He said,
“Recent orders overlook that most pollution in Delhi comes from stubble burning and industrial sources, not firecrackers. Huge amounts have been spent developing green cracker formulations and industries,”
CJI Gavai then asked a pointed question,
“Has pollution indexed from 2018 to 2024 gone down? Was the AQI in 2018 lower than in 2024?”
Responding to this, the Solicitor General explained,
“It has remained largely the same, except for the COVID period when it came down.”
He further added,
“Regarding timing, when we were children, it took an hour to convince our parents to let us burst crackers. There shouldn’t be strict restrictions on timing for at least a few days.”
The counsel for the industry suggested better regulation of the retail system,
“When we push crackers in the market, it will be through these specific retailers so that the check can be regulated easily. That is our suggestion; otherwise, we agree with the suggestions already there.”
However, SG Mehta urged the bench not to impose excessive restrictions,
“It’s a matter of few days, kindly do not accept the suggestions qua the timing. Only NEERI and PESO-approved manufacturers which are 49. But kindly let the children celebrate for two weeks.”
Senior Advocate J. Sai Deepak, appearing for one of the parties, emphasized that “an already regulated industry was subjected to further regulation. Everyone was painted with the same brush. “
The manufacturers themselves said,
‘Identify the offenders among us and punish them.’”
Concluding the hearing, CJI Gavai said,
“We cannot accept the submission that observations made in one judgment cannot be applied to another judgment on the same issue, making it clear that the Court’s previous rulings on firecracker bans would continue to hold relevance.
With arguments completed, the Supreme Court reserved its judgment in the matter, which could have significant implications for both environmental policy and festive celebrations in the Delhi-NCR region.
Case Title: M.C. Mehta v. Union of India
Case No.: W.P. (C) No. 13029/1985