The Supreme Court has indicated that there will not be a complete ban on firecrackers in Delhi-NCR during Diwali, but it is also not inclined to allow people to use them throughout the day. The court said it may specify a limited time window and permit only approved low-pollution crackers.
A bench of Justices MM Sundresh and PB Varale made the observations during a hearing while considering how firecracker use should be regulated in the region. The bench said, “We will neither impose a complete ban on firecrackers nor allow firecrackers to be burst for 24 hours.”
The court said a balance would have to be found between the concerns of people who want to use firecrackers during the festival and the impact of unrestricted use on older people, those who are ill, children and other living beings. It indicated that specific hours could be fixed for bursting firecrackers and that the permission would apply only to types approved under the applicable rules.
The discussion followed a note submitted by Additional Solicitor General Aishwarya Bhati. The note proposed considering limited and conditional permission for a newer category of “next-generation connected green crackers”. Bhati told the bench that these crackers had been developed with the Council of Scientific and Industrial Research-National Environmental Engineering Research Institute, or CSIR-NEERI.
According to the submission before the court, the newer green crackers contain a reduced quantity of barium salts, which are used to lower pollution. The court had earlier asked the Central Pollution Control Board to state whether limited relaxation could be considered for certain types of crackers during the festival season.
Bhati sought time until October 15 to place the CPCB’s response on the use of barium-based crackers before the bench. She also said outdoor testing of such crackers was still pending. The submission suggested that the manufacture of joint firecrackers or garlands could be allowed under specified conditions.
The observations do not amount to a final blanket permission for firecracker use across Delhi-NCR. The court is yet to settle the permitted hours, the categories of crackers that may be used and the conditions that would govern their manufacture or sale. The issue is expected to return before the bench after the CPCB’s response and the pending testing details are placed on record. The Supreme Court had also allowed green crackers before Diwali last year.