New Delhi: The Supreme Court has permitted licensed manufacturers to produce green crackers in the Delhi-NCR region, even as the sale of firecrackers continues to remain banned in the area. The order comes as the Court awaits a comprehensive review from the Centre on whether the blanket ban on firecrackers in the region should be revisited.
The ruling, delivered by a three-judge bench headed by Chief Justice BR Gavai, allows only those manufacturers who are certified by NEERI and PESO to resume production — strictly under the condition that the crackers will not be sold in the National Capital Region unless further orders are issued.
“Let them manufacture, but there will be no sale in the NCR till further orders,” CJI Gavai noted during the hearing, emphasizing the need for a balanced approach that considers both environmental concerns and livelihoods.
The court was responding to arguments raised during proceedings in the MC Mehta environmental matter, in which concerns had been expressed over the enforcement and practicality of a year-round firecracker ban imposed earlier. Some parties also pointed out a potential conflict with the 2018 Arjun Gopal judgment, which had established a regulatory framework for green crackers rather than a blanket prohibition.
While senior advocates representing the manufacturers assured the Court that they would maintain transparency, declare production volumes, and comply with all safety norms, Amicus Curiae Aparajita Singh argued against allowing any form of manufacturing in the NCR, fearing it would inevitably lead to illegal sales.
The Court, however, held back from issuing an absolute directive and instead asked the Centre to hold consultations with all stakeholders, including environmental authorities and industry representatives, before arriving at a final position on the broader ban.
“A total prohibition might be counterproductive,” the bench remarked, citing how similar absolute bans — like one on mining in Bihar — led to the rise of unlawful activities.
The matter will be taken up again on October 8, by which time the Union Ministry of Environment, Forest and Climate Change is expected to report back with its stance.
For now, while manufacturing resumes under watchful eyes, Delhi-NCR residents should not expect firecrackers to be legally available this festive season — at least not until further notice from the top court.
