The Supreme Court on Friday permitted certified manufacturers to produce green crackers under strict conditions, while directing the Centre to reassess the absolute ban on the manufacture of firecrackers in Delhi-NCR.
A bench led by Chief Justice B R Gavai, also comprising Justices K Vinod Chandran and N V Anjaria, asked the Ministry of Environment, Forests and Climate Change (MoEFCC) to hold consultations with all stakeholdersโincluding the Delhi Government, manufacturers, and sellersโbefore submitting a report by October 8.
The court said only manufacturers certified by the National Environmental Engineering Research Institute (NEERI) and the Petroleum and Explosives Safety Organisation (PESO) may continue producing green crackers. However, it clarified that no sale would be permitted in Delhi-NCR until further orders.
“In the meantime, we permit the manufacturers who are having the certification of green crackersโฆ to manufacture. However, this will be subject to an undertakingโฆ that they would not sell any of their crackers in the prohibited areas,” the order stated.
The bench underlined that while combating toxic air pollution remains essential, enforcement challenges and livelihood concerns of workers could not be ignored. CJI Gavai observed that an absolute ban was โhardly being followed on the groundโ and said extreme orders could worsen the situation.
The court drew a parallel with Bihar, where a complete ban on mining gave rise to illegal mafias. “It is necessary that a balanced approach must be adopted,” the bench remarked.
The order marks a departure from the April 3 directive of a bench led by Justice A S Oka, which had refused to relax the blanket ban on firecrackers in Delhi-NCR, citing persistent hazardous pollution levels.
Senior advocates Balbir Singh and K Parmeswar, representing manufacturing units, argued that the April order conflicted with the 2018 Arjun Gopal ruling and requested manufacturing be allowed under strict monitoring. They proposed public disclosure of cracker quantities to ensure compliance.
Amicus curiae Aparajita Singh, however, opposed the relaxation, warning that permitting manufacturing in NCR would inevitably lead to illegal sales in the region.
The bench directed Additional Solicitor General Aishwarya Bhati to communicate its order to the MoEFCC and ensure stakeholder consultations. The matter will be revisited on October 8 when the ministryโs report is filed.
The case arises from the long-pending 1985 PIL by environmental activist M C Mehta on pollution control in Delhi-NCR. The CJI-led bench emphasized that the final policy must strike a balance between environmental protection and workersโ right to livelihood.
