Supreme Court not in favour of complete ban on firecrackers

The Supreme Court on Thursday issued a stern reprimand to the Delhi government and the Commission for Air Quality Management (CAQM) for their failure to implement restrictions on the sale and use of firecrackers in Delhi-NCR. However, the court once again clarified that a complete ban on firecrackers is not the solution to address the problem of pollution during festivals. The court indicated that the sale and bursting of green firecrackers could be permitted for a limited time and on specified days during Diwali in Delhi-NCR this year, but reserved its order on the new interim arrangement. Notably, the three-day exemption granted for the festival in October 2025 last year was a one-time measure, which cannot be automatically extended. This year, Diwali is on 8 November.

A bench of Justice MM Sundresh and Justice PB Varale spoke about public sentiments associated with Diwali celebrations but emphasized that authorities cannot use the festive spirit as an excuse for their failure to implement restrictions on firecrackers. The bench observed, "We also understand the sentiments of the public. Everyone wants to celebrate. Therefore, we do not want to impose a complete ban as it could lead to other problems. But still, please do not force us to take a very strict stance on this matter." The court told the authorities that they are not seeking to stop people from celebrating Diwali, but must ensure that firecrackers are used responsibly and only during the permitted time frame. The court suggested that officials should focus on enforcement efforts during specified days, even if it requires them to issue challans, cancel licenses, or take action against violators to ensure compliance with the rules.

The court asked the government tough questions regarding the implementation of orders. The bench asked, "After our order last year, what did you actually do? Look, otherwise there is no point in passing orders and imposing all conditions unless you actually implement them on the ground. Then it will become a joke." The court clarified that merely passing interim orders will have no effect if the implementation mechanism is not effective. Justice Sundresh said in strong words, "I think our orders are being violated more. We want to know about the enforcement measures - legal action, what action has been taken against violators... Every year we pass orders and they are not followed... Let us be vigilant... We will not be here next year."

To bring about a change in the general public, the court suggested adopting innovative and creative methods. The court suggested that help from famous players like Virat Kohli or respected figures from other walks of life should be taken to create awareness about pollution. The court suggested that videos or messages could be recorded by such famous personalities, in which they appeal to people to celebrate Diwali without increasing pollution. In addition, the court also presented the idea of giving directions to educational authorities to educate on this matter in schools. The court observed that Diwali is fundamentally a festival of lights and firecrackers are not needed to celebrate light.

During the hearing in the Supreme Court, serious concerns regarding environment and health were presented. According to Advocate Uttara Babbar, bursting firecrackers releases a large amount of dangerous particulate matter (PM), which enters the human body and damages the lungs and other organs. She also mentioned that the Air Quality Index (AQI) in Delhi-NCR increased during Dussehra last week and there is no proper mechanism to check whether the firecrackers sold in the market are actually green firecrackers. Furthermore, it was argued by Advocate Gopal Shankarnarayanan that the Supreme Court has given many orders in the past but they are being violated, so a ban should be imposed on the production of firecrackers.

The court also discussed the issue of green firecrackers. Additional Solicitor General Aishwarya Bhati submitted a note regarding granting limited and conditional exemption for green firecrackers based on the recommendation of CSIR-NEERI. According to this note, these special firecrackers can only be permitted if they are manufactured only by licensed manufacturers and do not contain prohibited chemicals. However, the court also noted that there is no evidence from previous years that the use of green firecrackers reduces pollution. On September 30, the court also said that it would not impose a complete ban on firecrackers but would not allow bursting them for 24 hours either, so it is necessary to find a middle path.

The figures regarding pollution levels during Diwali are worrying. According to a Hindustan Times analysis, the worst pollution since 2021 was recorded in Delhi during Diwali in 2025. According to data from monitoring stations, the average PM2.5 concentration on the night of Diwali was 785.6 micrograms per cubic meter, which was equivalent to an AQI of 812, while the official limit for AQI is 500. In this context, the court asked the government to provide detailed information about the sale of Chinese firecrackers and present details of the action taken against them.

The court also emphasized the importance of the new generation and children. Justice Sundresh stated that the current generation is a bit skeptical, while the older generation wants to celebrate. If children are properly explained about the harm caused by pollution from firecrackers, they themselves can ask their parents not to burst firecrackers. The court also noted that people's religious sentiments are attached to Diwali, but public health and rights granted by the Constitution should also be kept in mind along with these sentiments. The court warned the authorities that if they fail to implement these directions, the court will be forced to take a strict stance.