The Supreme Court Today (Dec 12) directed Delhi government and other National Capital Region (NCR) States – Haryana, Uttar Pradesh, and Rajasthan – to take a final call on prohibiting the use of firecrackers throughout the year. A Bench of Justices Abhay S Oka and Augustine George Masih asked the states to place their decisions on record before the top court. “The ban is required not only to curb the air pollution but noise pollution as well”: Apex Court added.
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NEW DELHI: The Supreme Court of India, on Thursday, issued a directive to the Delhi government and other National Capital Region (NCR) states, including Haryana, Uttar Pradesh, and Rajasthan, urging them to take a definitive decision on implementing a year-round prohibition on firecrackers.
Court’s Directive on Firecracker Ban
A Bench comprising Justices Abhay S. Oka and Augustine George Masih instructed the state governments to record and present their decisions on the matter before the apex court.
“The issue regarding ban on use of firecrackers in NCR states is yet to be addressed. We direct the concerned state governments to place their decisions on regard regarding complete ban on use of firecrackers throughout the year,”
-stated the Bench.
The court emphasized that the ban was necessary not only to mitigate air pollution but also to reduce noise pollution.
“We will consider issuing necessary directions to the state governments on the issue of ban on use of firecrackers. When we refer to ban on use of firecrackers, it will also include ban on manufacture, storage, sale and distribution on firecrackers,”
-the Bench further elaborated.
Addressing Delhi’s Air Pollution Crisis
The directive came during a hearing on the Delhi air pollution crisis, a case the Supreme Court has been monitoring closely, particularly the actions taken by authorities in neighboring states to address stubble-burning and other pollution-related issues.
In November, the Court had admonished authorities for failing to enforce a firecracker ban during Diwali in Delhi.
The Bench had observed,
“No religion encourages any activity which creates pollution.”
The court also highlighted how firecrackers infringe on citizens’ fundamental right to health, adding,
“The use of firecrackers also affects the fundamental right to health of the citizens apart from creating noise pollution.”
Previously, the Delhi government was urged to consider a perpetual ban on firecrackers in the capital.
Graded Response Action Plan (GRAP) and Further Measures
Discussing the Graded Response Action Plan (GRAP) in place to address air quality in Delhi, the court ordered that its earlier directions remain effective until further notice. The Commission for Air Quality Management (CQAM) was instructed to proceed with implementing revised measures to enhance air quality.
The Court also reviewed the compensation issue for construction workers affected by GRAP-IV restrictions. It emphasized the need for comprehensive action to ensure all workers receive subsistence allowances.
“The concerned state governments will ensure that every affected worker is paid subsistence allowance. There is an issue about number of registered workers… whether it is the Delhi government or other governments, the emphasis should be not only on registration but on ascertaining actual number of workers deprived of income during this period,”
-the Bench noted.
The state governments were ordered to file a detailed affidavit on this issue by January 3, 2025.
Appointment of Court Commissioners and Promotion of Electric Vehicles
The Court directed that the appointment of court commissioners to oversee GRAP implementation will continue. NCR states were instructed to designate nodal officers to assist these commissioners in their inspections.
Furthermore, the Bench suggested that government departments should transition to using electric vehicles (EVs) to combat vehicular pollution.
“If all government vehicles are EVs … that we will have to consider. If it comes Commission (CQAM), we will also make that an order of the court but it must come from the Commission. You (CQAM) can also get the data on number of government cars on road. In Delhi, there are vehicles of Corporation, DDA, PSUs, armed forces. That is one aspect that can be considered,”
-Justice Oka remarked.
A Holistic Approach to Pollution Control
The Supreme Court’s directives underscore its commitment to addressing Delhi’s persistent air pollution crisis.
By emphasizing a comprehensive firecracker ban, ensuring workers’ welfare, and promoting sustainable practices like EV adoption, the judiciary seeks to balance environmental priorities with socio-economic considerations.
Click Here to Read Previous Reports on Air Pollution
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