SC Warns Contempt Action Against NCR States for Failing to Enforce Complete Ban on Firecrackers

The Supreme Court on Tuesday issued a stern warning to the governments of Uttar Pradesh, Haryana, and Rajasthan, directing them to strictly enforce a complete ban on firecrackers in their respective regions falling within the National Capital Region (NCR). Any non-compliance, the court said, would invite contempt proceedings.

A bench comprising Justices Abhay S Oka and Ujjal Bhuyan directed the three state governments to issue orders under Section 5 of the Environment Protection Act (EPA), 1986, prohibiting the manufacture, sale, storage, and even online delivery of all types of firecrackers in the NCR.

“Not only the orders of this Court but directions issued under Section 5 of the EPA must be strictly implemented through all law enforcement machinery,” the court said, stressing that officials failing to comply may face action under the Contempt of Courts Act, 1971.

The bench directed the state governments to establish enforcement mechanisms and ensure wide publicity is given to the ban as well as to penalties under the EPA. It also asked all NCR states to file comprehensive compliance affidavits.

This order builds on the Supreme Court’s earlier stand, including its April 3 ruling where it refused to ease the firecracker ban in Delhi-NCR, citing persistently alarming air pollution levels. The court emphasized that the poorest sections — particularly street workers — bear the brunt of deteriorating air quality, and not everyone can afford air purifiers.

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“The idea of restricting firecracker bans only around Diwali is ineffective,” the bench said, pointing out that crackers could be stockpiled beforehand, defeating the purpose of the regulation.

The Delhi government has already implemented a year-round blanket ban, and Rajasthan has imposed similar restrictions in its NCR territories. The court noted that enforcement by Uttar Pradesh and Haryana was essential for the efficacy of the larger regional ban.

The bench made these observations while hearing a long-pending public interest litigation filed by environmentalist M.C. Mehta in 1985, which seeks curbs on air pollution in Delhi and adjoining areas.

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In December 2024, the court had directed Uttar Pradesh and Haryana to impose a full ban on firecrackers “until further orders,” but expressed concern that its directions had been “hardly implemented.”

With pollution levels expected to spike again in the upcoming festive seasons, the apex court made it clear that administrative inaction will no longer be tolerated.

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