The Supreme Court of India has imposed a year-long prohibition on the use, manufacture, sale, and storage of firecrackers across the Delhi-National Capital Region (NCR). The decision, announced on April 3, aims to curb the alarming pollution levels in the region.
The Court dismissed the suggestion of limiting the ban to only 3-4 months, highlighting that short-term restrictions fail to achieve significant pollution control. Given the severe environmental crisis in Delhi-NCR, even green crackers have not been granted any exemption. Additionally, the online sale of firecrackers has been prohibited.
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A bench comprising Justice Abhay Oka and Justice Ujjal Bhuyan rejected firecracker manufacturers' claims that the ruling infringes on their right to trade and livelihood. The Court underscored the adverse impact of air pollution, particularly on vulnerable sections of society, including daily wage workers and street vendors.
"Air pollution level remained alarming for a considerably long time. One can imagine the effect of air pollution on the common man as everyone cannot afford to have air purifiers at their residence or place of work. There is a section of the population who works on streets, and they are the worst affected by this pollution. After all, the right to health is an essential part of Article 21 of the Constitution of India, so is the right to live in a pollution-free atmosphere," the bench observed.
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The Court also addressed concerns about green crackers, stating that they emit only 30% less pollution than conventional crackers. Without clear proof that green crackers cause minimal pollution, no relaxation can be allowed.
"Unless it is shown that the pollution caused by the so-called Green crackers is bare minimum, there is no question of giving them a relaxation," the Court stated.
Additionally, the Court emphasized that firecracker traders bear a constitutional responsibility under Article 51A to ensure a pollution-free environment in Delhi-NCR.
The Supreme Court has been actively overseeing pollution control measures in NCR under the MC Mehta case, addressing issues such as:
- Stubble burning in Punjab, Haryana, and Uttar Pradesh
- Vehicular emissions
- Solid waste management
Previously, on November 11, 2024, the Court had emphasized that no religion promotes pollution and called for strict enforcement of the firecracker ban under Article 21, which upholds the right to a clean environment.
Major Supreme Court Directives on the Ban:
January 17, 2025: The Supreme Court extended the firecracker ban to Uttar Pradesh and Haryana's NCR districts until further notice.
December 12, 2024: The Supreme Court instructed Delhi and NCR states to enforce a complete year-long ban on firecrackers, covering their manufacture, storage, sale, and use.
December 19, 2024: The Delhi Government, represented by Senior Advocate Shadan Farasat, informed the Court that Delhi had already implemented a comprehensive ban on firecrackers.
Haryana permitted green crackers, whereas Rajasthan imposed a total ban on firecrackers in its NCR areas.
Case no. – WP (C) 13029/1985
Case Title – MC Mehta v. Union of India
