The Delhi-NCR states on Friday requested the Supreme Court to permit the bursting of green firecrackers for limited durations during major festivals — between 8 pm and 10 pm on Diwali, 11:45 pm and 12:30 am on Christmas and New Year’s Eve, and for one hour on Gurpurab.
Appearing for the Delhi-NCR states, Solicitor General Tushar Mehta informed the bench that the Petroleum and Explosives Safety Organisation and the National Environmental Engineering Research Institute (NEERI) will carry out periodic inspections of cracker manufacturers to ensure that only approved green firecrackers are produced and sold.
He added that manufacturers must clearly specify the quantity and formulation of green crackers, and proposed that no e-commerce website should be allowed to accept online orders or sell firecrackers of any kind.
On September 26, the Supreme Court allowed certified manufacturers to produce green firecrackers in Delhi-NCR, provided they do not sell them within the National Capital Region.
A bench of Chief Justice of India B R Gavai and Justices K Vinod Chandran and N V Anjaria had stated,
“We permit manufacturers having certification of green crackers from NEERI and PESO to manufacture. However, this will be subject to an undertaking that until further orders, they would not sell their crackers in prohibited areas.”
The court had also asked the Centre to hold consultations with all stakeholders — including the Delhi government, manufacturers, and sellers — and submit a proposal to revise the absolute ban on firecracker manufacturing in the region.
Court Seeks ‘Balanced Approach’
During the hearing, the bench observed that an absolute ban may not be practical or effective, noting that despite previous prohibitions, implementation has failed on the ground.
Referring to similar restrictions in other sectors, the CJI remarked that a total ban often leads to illegal trade, citing the example of illegal mining in Bihar that flourished after a blanket ban.
“It is necessary that a balanced approach be adopted,” the bench said, urging the Centre to evolve a solution that addresses environmental concerns while being realistically enforceable.
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