New Delhi: The Supreme Court on Friday raised concerns over the rationale of restricting firecracker bans only to Delhi and the National Capital Region (NCR), stressing that citizens across India have an equal right to clean air. The bench observed that any restrictions on firecrackers should be part of a nationwide policy rather than being confined to one region.
A bench led by Chief Justice of India Bhushan R Gavai, along with Justice K Vinod Chandran, made the remarks while hearing petitions filed by firecracker manufacturers challenging the year-round ban on sale and manufacture in Delhi-NCR.
“If citizens in NCR are entitled to pollution-free air, why not so for people in other cities?” the bench asked, pointing out that pollution levels in cities like Amritsar can be worse than Delhi. The CJI noted that it would be unfair to have rules only for the capital just because the Supreme Court is located there.
The petitions, moved by the Association of Firework Traders, Indic Collective, and Haryana Firework Manufacturers, argued that the ban had crippled livelihoods, with licenses revoked despite validity until 2027-28. Senior lawyers representing the traders also claimed that even green cracker formulations developed in collaboration with NEERI had not been considered by the government.
The court, while issuing notice on the matter, directed state authorities to maintain the status quo and scheduled the hearing for September 22, just ahead of Dussehra and Diwali. It also asked the Centre, in consultation with NEERI, to file a response and provide updates on green cracker research.
During the hearing, amicus curiae Aparajita Singh explained that extraordinary steps were earlier required in Delhi due to its worsening winter pollution. However, she underlined that it is often the poor who suffer the most, as elite sections can escape to other regions when pollution peaks. She recalled how the court had previously ensured compensation for workers affected by temporary bans on construction.
The bench echoed this concern, observing, “When we impose the ban on workers, they are left without work. It is the poor who suffer.”
Representing the Centre, Additional Solicitor General Aishwarya Bhati assured that the formulation of green crackers was being examined by experts and that the latest findings from NEERI would be placed before the court.
The year-long ban on firecrackers in Delhi-NCR has been in effect since December 2024, following court orders. In April this year, the Supreme Court reiterated that the restrictions were essential given the “horrible” air quality in the capital region, prompting adjoining states like Haryana, Rajasthan, and Uttar Pradesh to impose similar bans in NCR districts.
