The Supreme Court on Friday gave a limited relaxation to firecracker manufacturers, allowing them to produce green firecrackers in Delhi-NCR, but barred any sale of such products in the region until further orders.
A bench headed by Chief Justice of India BR Gavai, with Justices K Vinod Chandran and NV Anjaria, issued the directions while hearing a matter on air pollution in the capital, which also covers firecracker use and stubble burning.
Only Certified Manufacturers Allowed
The court clarified that the permission is restricted to manufacturers certified by NEERI (National Environmental Engineering Research Institute) and PESO (Petroleum and Explosives Safety Organisation).
The order recorded, “In the meantime, we permit the manufacturers who are having the certification of green crackers as certified by the NEERI as well as PESO, to manufacture. However, this will be subject to an undertaking by the manufacturers to this court that until further orders passed by this court, they would not sell any of their crackers in the prohibited areas.”
The case will now be heard again on October 8.
Centre Asked To Propose Middle Path
The bench asked the Union government to hold consultations with stakeholders — including the Delhi Government, cracker manufacturers, and sellers — and come up with a workable policy on whether the absolute ban on manufacturing in NCR should continue.
The judges noted that blanket bans often fail in practice, pointing out that illegal activity tends to fill the gap.
CJI Gavai remarked, “It has been experienced, in inspite of there being a complete ban on crackers, the ban could not be implemented.”
He drew a parallel with Bihar, where a ban on mining led to the emergence of illegal mining mafias.
Differing Views In Court
Senior advocate Aparajita Singh, acting as amicus curiae, argued strongly for a total ban, warning that once manufacturing begins in NCR, it is likely the crackers will find their way into local markets.
Manufacturers, however, sought a more balanced approach, offering to operate under strict conditions, publicly disclose production quantities, and make all necessary declarations online.
CJI Gavai responded, “What is the problem in allowing them to manufacture if they follow norms? There has to be a solution. Extreme orders will create problems… So let them manufacture and let there be no sale in NCR till further orders.”
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