New Delhi [India], October 15 : The Supreme Court on Wednesday relaxed its earlierblanket prohibition on firecrackers in the Delhi-National Capital Region (NCR) region and permitted the sale and use of green firecrackers, with some conditions.
A bench of Chief Justice of India BR Gavai and Justice K Vinod Chandra allowed the sale of green firecrackers from October 18 to October 20.
It ordered that bursting of green firecrackers shall be confined between 6 am and 7 am and 8 pm and 10 pm on the two days, i.e., the one before and on the Diwali day.
The apex court made it clear that the relaxation is only on a test case basis and the same shall be only for the period specified.
The apex court said that there has to be a "balanced approach" between celebrating festivities and protecting the environment.
"We have to take a balanced approach, taking into account the conflicting interests and permit in moderation, while not compromising the environmental concerns arising," said the bench.
It also took note of the Delhi government's October 14, 2024, order that had imposed a blanket ban on firecrackers, which was later extended to the entire NCR.
"However, now the situation is different. Both the government of NCTD and the government of India themselves are seeking relaxation of the said ban at least during the festive periods," the judgement of the bench stated.
It said that over the six years, the green crackers have substantially reduced emissions.
Since the firecrackers are smuggled in Delhi-NCR, which causes more damage than the green firecrackers, the SC allowed the sale and bursting of green firecrackers.
In a temporary measure, it also ordered that the Police authority constitute a patrolling team to keep an eye on that only permitted products with QR codes are to be sold.
SC further said the police authorities, in consultation with the district administration, shall constitute patrolling teams to keep a vigil on the designated locations of sale, including Officers as nominated from the Regional Offices of the State Pollution Control Boards.
"They shall also take random samples for the purpose of analysis, which shall be transmitted to PESO. On violations noticed, the responsibility shall attach to those involved in the manufacturing or sale of prohibited products, who shall not only be penalised but also their licence/registration from PESO or with NEERI shall stand cancelled.
The sale of firecrackers shall be permitted only from the designated locations in the entire Delhi-NCR, which shall be identified by the District Collectors/Commissioners in consultation with the District Superintendent of Police and given wide publicity, the order stated.
It ordered that sale shall be only through licensed traders and of the green crackers manufactured by those who are registered with the NEERI and obtained license from PESO.
"Any firecrackers seized which are not manufactured by the registered/licensed manufacturers shall be immediately confiscated," the bench ordered.
There shall be no firecrackers allowed into the NCR region from outside the said region.
"The use of firecrackers with Barium and those not approved by the NEERI as green crackers, shall not be permitted and if found for sale or in the possession of individuals/traders, the same shall be confiscated immediately. There shall be no manufacture or sale of firecrackers joined in series (laris)," it added.
Further, there shall be no sale or purchase of firecrackers through e-commerce networks, and any supply of such products shall be detained, and the product confiscated.
The Central Pollution Control Board, in consultation with the State Pollution Control Boards and their respective regional offices within the districts coming under the NCR, shall monitor the air quality index in their respective jurisdictions starting from October 14 till October 25 and file a report before the court, specifying the air quality of each day indicated.
"Along with such monitoring, the Regional Offices of the State Pollution Control Boards shall also take samples of sand and water from sites having a higher density of use for analysis," said the bench and listed the matter after three weeks.
The bench said that bursting firecrackers is an expression of the festive spirit and it enhances the mood in religious and other auspicious ceremonies; however, that cannot lead to a situation of causing long-term or even short-term damage to health by uncontrolled use.
It said, "Aggravated environmental pollution resulting in serious health hazards is pitted against the right to life and the right to carry on a profession, as available to the persons engaged in the firecrackers industry and their workmen. Bursting firecrackers is an expression of the festive spirit, and it enhances the mood in religious and other auspicious ceremonies, embedded in the cultural milieu of India. However, that cannot lead to a situation of causing long-term or even short-term damage to health by an uncontrolled use, based only on traditions and cultural or religious norms."
"We cannot but reiterate, as this court held oftener than ever, that the commercial considerations and the festive spirit should take a back seat when it concerns the environment and health," the judgement stated.
The apex court order came in a case relating to air pollution in the national capital region.
On September 26, the top court allowed the manufacturing of green firecrackers in Delhi, subject to the condition that they will not be sold in the NCR.