The Supreme Court on Wednesday permitted the limited sale and bursting of green firecrackers in Delhi and the National Capital Region (NCR) during the forthcoming Diwali festival in MC Mehta v. Union of India & Ors.
A Bench comprising the Chief Justice of India B.R. Gavai and Justice Vinod Chandran directed that the sale of green firecrackers shall be permitted from October 18 to October 20 at designated locations to be identified by the respective District Collectors. The Bench further mandated that such locations be given wide publicity and that sales be restricted to vendors registered with the National Environmental Engineering Research Institute (NEERI).
The Court additionally directed that bursting of such firecrackers shall be confined to two specific time slots: 6:00 a.m. to 7:00 a.m., and 8:00 p.m. to 10:00 p.m., on two days – the day preceding Diwali and the day of Diwali itself. The Bench expressly prohibited online sale of firecrackers through e-commerce platforms.
To ensure compliance, the Court directed the constitution of patrolling teams under the supervision of the police authorities, which shall include officers from the State Pollution Control Boards. These teams are to ensure that only NEERI-approved products bearing QR codes are sold, and to collect random samples for verification. The order stipulates that licenses of violators shall stand cancelled and unauthorized stock shall be confiscated forthwith. Further, the supply of firecrackers into NCR from outside the region was also prohibited.
While relaxing the previous blanket ban, the Bench emphasized the necessity of adopting a balanced approach. Observing that a total prohibition had led to smuggling of conventional firecrackers causing greater harm to air quality, the Court noted, “Conventional firecrackers are smuggled which cause more damage. We have to take a balanced approach.” It recorded that since the introduction of green firecrackers following the Arjun Gopal judgment, emissions have substantially reduced.
The operative directions issued by the Court are as follows:
The sale and bursting of green firecrackers approved and uploaded on the NEERI website shall be permitted between October 18 and 20 from designated sale points within NCR.
The police authorities shall constitute patrolling teams including representatives of the State Pollution Control Boards to monitor the designated sale locations.
Only products carrying authorized QR codes shall be sold; random sampling and strict enforcement measures, including attachment of violation notices and cancellation of licenses, shall be undertaken.
The bursting of crackers shall be confined to the periods between 6:00 a.m.–7:00 a.m. and 8:00 p.m.–10:00 p.m. on the day preceding Diwali and on Diwali day.
Only licensed vendors registered with NEERI shall be permitted to sell green firecrackers.
Any firecrackers not manufactured by registered entities shall be confiscated, and entry of firecrackers from outside NCR is prohibited.
The Court’s direction comes after representations from the Governments of Delhi and neighbouring States, as well as manufacturers, seeking partial relaxation of the prevailing restrictions to enable the regulated use of green crackers during Diwali and other festivals.
Delhi CM Rekha Gupta
The Delhi CM Rekha Gupta applauded the apex court for the decision.
“I thank the Supreme Court on behalf of the Delhi government for accepting our request. Feelings of crores of people are associated with Diwali, and the celebrations would have been incomplete without the lifting of the ban on firecrackers… We will be mindful of the environment as well… It is our responsibility to take care of the environment and at the same time, protect our culture.”
Mahua Moitra on firecracker order
While the Delhi CM Rekha Gupta has welcomed the lifting of the ban on green firecrackers for the festival, TMC member of parliament lamented the decision saying people now should not complain about the air quality in Delhi.
Let’s not waste any time this year moaning about air quality, she said.
“People of Delhi wanted this govt. The Govt wanted crackers to return. Everyone got what they wanted. Please let’s not waste any time this year moaning about air quality,” her post read.