The Supreme Court of India stood firm on Thursday, refusing to relax its ban on the manufacture, storage, and sale of firecrackers in the Delhi-National Capital Region (NCR), citing persistently alarming levels of air pollution. Justices Abhay S Oka and Ujjal Bhuyan underscored the severe impact of air pollution on street workers, who represent a substantial segment of the population most vulnerable to environmental hazards.
During the proceedings, the bench emphasized the fundamental constitutional rights to health and a pollution-free environment as critical aspects of Article 21. “Right to live in a pollution-free atmosphere is not just a luxury but a necessity,” the court declared, highlighting the dire air quality levels recorded in Delhi over the past six months.
The debate centered around the use of “green crackers,” a term used to describe firecrackers with a reduced environmental impact. However, the court noted that unless it could be demonstrated that these green crackers contributed minimally to pollution, there would be no grounds to reconsider the existing bans.
Senior Advocate Aparajita Singh, serving as amicus curiae in the matter, reported that while all four NCR states had officially banned firecrackers, challenges persisted, particularly with the online sale of these items in states like Uttar Pradesh and Rajasthan. The bench also raised concerns about noise pollution, further complicating the environmental impact of firecracker use.
The issue came to the forefront as firecracker manufacturers petitioned the court, seeking relaxation of the ban to allow the sale of green crackers. Nonetheless, the court maintained a stringent stance, urging manufacturers to recognize their environmental responsibilities under Article 51A of the Constitution and to refrain from challenging the ban, which remains strictly enforced within the NCR.
In a broader directive issued last December, the Supreme Court had called upon the Uttar Pradesh and Haryana governments to enact a complete ban similar to that of Delhi, which includes a prohibition on online firecracker sales. “This ban will only be effective if similar measures are adopted across the NCR region,” the bench added.
