The Supreme Court has stressed the need to balance religious sentiments with public health concerns while considering the use of firecrackers in Delhi-NCR. The Court indicated that it was not inclined to impose restrictive orders without ensuring their effective implementation, and emphasised public awareness and voluntary adoption of safer practices.
A Bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V. Mohana was hearing suo motu proceedings concerning air pollution in the National Capital Region, including firecrackers, crop residue burning and solid waste management.
Background
The proceedings concern measures to address recurring air pollution in Delhi-NCR. During the hearing, Senior Advocate Aparajita Singh, assisting the Court as amicus curiae, highlighted the health risks of firecrackers, particularly for children, elderly people and those with existing vulnerabilities.
Justice Joymalya Bagchi questioned the connection between religious practice and bursting firecrackers. Singh responded that the religious argument repeatedly arose whenever restrictions were considered and stressed the consequences for public health.
The Bench made it clear that any approach must account for religious sentiments while addressing the harmful effects of pollution. CJI Surya Kant said that awareness and voluntary action could prove more practical than restrictions that are difficult to enforce.
The Chief Justice observed:
“We will not hurt religious sentiments, but at the same time, people should themselves come forward and opt for safer practices. The whole exercise should involve a balancing approach. If we do that, society itself becomes awakened and people come forward.”
The amicus curiae questioned the effectiveness of restrictions limited to particular hours, pointing out that police personnel could not monitor every street continuously. She suggested that the Commission for Air Quality Management (CAQM), the statutory body responsible for coordinating air pollution control in the region, examine the available material and relevant health concerns.
CJI Surya Kant cautioned against issuing directions without considering whether they could be implemented on the ground. He also suggested raising public awareness about the relative harm caused by different varieties of firecrackers, limiting the sale of highly polluting products and encouraging alternatives such as lighting lamps.
The Bench also considered measures to prevent stubble burning ahead of the pollution season. Justice Bagchi referred to proposals to purchase crop residue and explore commercial uses for it.
Additional Solicitor General Aishwarya Bhati informed the Court that policies covered both in-situ treatment, which manages crop residue in the field, and ex-situ treatment, which involves collecting it for use elsewhere. She stated that the Union government would submit an updated status report detailing measures already taken, preventive steps and future plans.
The Supreme Court directed that suggestions concerning firecracker use and pollution control be placed before the CAQM for consideration.
The matter was listed for further hearing on October 15, when the Court is scheduled to continue examining measures to address air pollution in Delhi-NCR.
Case Details
Case Title: In Re: Curbing Air Pollution in the National Capital Region - Solid Waste Management and Burning of Crop Residue and Firecrackers
Case Number: SMW(C) No. 15/2026
Judges: Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V. Mohana
Hearing Date: October 12, 2026
