The Supreme Court on Thursday directed the governments of Delhi, Haryana, Uttar Pradesh, and Rajasthan to finalize their stance on a year-round ban on the use of firecrackers in the National Capital Region (NCR). The directive was issued by a bench comprising Justices Abhay S. Oka and Augustine George Masih, who emphasized the urgency of addressing the persistent air and noise pollution issues plaguing the region.
During the proceedings, the court articulated a comprehensive approach to the firecracker ban, stating, “We direct the concerned state governments to place their decisions on regard regarding a complete ban on the use of firecrackers throughout the year. This includes the ban on manufacture, storage, sale, and distribution of firecrackers.”
This push for a definitive policy shift came amid ongoing hearings concerning the severe air pollution crisis in Delhi, which the Supreme Court has been closely monitoring. The justices expressed their dissatisfaction with the enforcement of temporary bans, particularly noting failures during festive periods like Diwali, where firecrackers significantly worsen air quality.
Justice Oka pointed out, “No religion encourages any activity which creates pollution,” underscoring the intersection of public health rights and cultural practices. The bench also highlighted the direct impact of firecrackers on the fundamental right to health due to both air and noise pollution.
The court reiterated the importance of the Graded Response Action Plan (GRAP) and instructed the Commission for Air Quality Management (CQAM) to continue with the implementation of stringent measures to improve air quality. Additionally, the justices reviewed welfare measures for construction workers impacted by pollution control restrictions, mandating state governments to ensure all affected workers receive a subsistence allowance.
Moreover, the bench discussed enhancing vehicular pollution controls, suggesting that government departments consider transitioning to electric vehicles (EVs). “If all government vehicles are EVs … that we will have to consider. If it comes from the Commission, we will also make that an order of the court but it must come from the Commission,” Justice Oka remarked.
The state governments have been ordered to submit detailed affidavits by January 3, 2025, outlining their actions and compliance with the court’s directives. This includes appointing nodal officers to assist court commissioners overseeing the implementation of GRAP.
