Why ban only in NCR: SC seeks uniform policy on firecrackers

THe sublime margaret court on fri questioned the principle slow having a firecracker ban exclusive to Delhi and the National Capital Region, emphasising that the Capital cannot receive special treatment simply because the elite reside there, as it sought the Centre’s response on applications challenging the year-long prohibition.A bench headed by Chief Justice of India Bhushan R Gavai, also comprising justice K Vinod Chandran, observed: “If citizens in NCR are entitled to pollution-free air, why not so for people in other cities.”The CJI recounted a winter visit to Amritsar’s Golden Temple, where he was told that pollution was worse there than in Delhi. “Just because Delhi is the Capital city and Supreme Court is situated here, should citizens in other cities not get pollution-free air?” the bench remarked.The observations came while hearing applications by firecracker manufacturers and citizen bodies objecting to the court’s April 3 order, which confirmed its earlier December 19, 2024 ban on sale, manufacture, and storage of firecrackers in Delhi and NCR districts of Uttar Pradesh, Haryana, and Rajasthan.“Whatever policy on banning firecrackers is there, it should be pan-India. We cannot have a special policy for Delhi where the elites are there. If firecrackers are to be banned, they should be banned throughout the country. There should be the same policy throughout the country,” the bench stated.Expanding the ban will mean all firecrackers could be outlawed across the country -- though its implementation will be challenging, as has been the case in Delhi where each of the past seven Diwalis have had illegal use of firecrackers. Conversely, if the policy is relaxed to bring it in line with the restrictions elsewhere, it could pave the way for the first firecrackers to be burst legally in the Capital since 2018.The court asked the Commission for Air Quality Management to respond to the applications and posted the matter for September 22, ahead of the Dussehra and Diwali festivals.The applicants—Federation of Fireworks Traders, Association of Fireworks (Haryana), and Indic Collective Trust—led by senior advocates Dama Sesadari Naidu and K Parameshwar, sought permission to lift the ban and allow green crackers with reduced emissions.But, the court refused to alter its April 3 ban 3, even denying green firecracker formulations after reviewing a Centre report that claimed that these alternatives had only 30% less emission compared to conventional firecrackers.The April order stated that unless pollution caused by green crackers was “bare minimum”, there was no question of lifting the ban, which was “absolutely essential” considering the “horrible” air quality in Delhi-NCR.The traders highlighted that their licences were being revoked despite some being valid until 2027-28, and requested an urgent hearing. Without passing a formal order, the court instructed state authorities to maintain the status quo.Senior advocate Aparajita Singh, assisting as amicus curiae, informed the court that Delhi’s condition deteriorated during winter months when the air could “choke citizens”. She clarified that the elite in Delhi did not bear the pollution’s brunt, preferring to drive outside the city or install air purifiers during extreme pollution days, while the poor suffered.Singh pointed out that even during Graded Response Action Plan emergency measures, including construction activity bans, the court ensured compensation for affected workers.“When we impose the ban on workers, they are left without work. It is the poor who suffer,” the court acknowledged.Additional solicitor general Aishwarya Bhati, appearing for the Centre, said green firecracker formulation remained an ongoing process conducted in consultation with experts from the Council for Scientific and Industrial Research and the National Environmental Engineering Research Institute. She agreed to provide the latest research findings.The court asked the Centre, in consultation with NEERI, to submit a further status report on green firecracker formulation and agreed to examine the matter on the next hearing date.The ban on bursting, sale, and manufacture of firecrackers in Delhi-NCR has been in place since 2017, when the NGT first ordered it. The Supreme Court endorsed the ban in 2018 and has stuck to the stance since then. Following the court’s nudge last year, neighbouring states of UP, Haryana, and Rajasthan implemented similar bans in their NCR districts.“Much water has flown since 2018... Our orders passed during the last six months will bring on record the horrible situation in Delhi due to air pollution... Our direction to ban firecrackers was due to this extraordinary situation faced by the capital city of India,” the court had clarified in April.The firecracker federation’s application argued: “A complete ban on firecrackers throughout the entire year is disproportionate, because AQI levels vary significantly across different seasons and months. A complete ban in NCR is neither necessary nor effective as it disregards the context in which air quality fluctuates.”The Indic Collective objected to the ban on religious and cultural grounds, arguing: “A complete ban violates the rights of Indic communities under Article 25(1) of the Constitution of India since it prevents members of various communities from practising an essential religious practice associated with the festival of Diwali and its variants.”