Supreme Court of India permits limited sale and bursting of green crackers during Diwali to curb air pollution and promote environmentally safer celebrations in Delhi-NCR.
Case in NewsSupreme Court allows sale of green crackers during Diwali in Delhi-NCR, easing earlier firecracker ban imposed due to rising air pollution levels . |
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Case Overview
Case Name: MC Mehta vs. Union of India & Ors.
A Bench of the Supreme Court of India comprising Chief Justice BR Gavai and Justice Vinod Chandran allowed the sale and bursting of Green Crackers in Delhi-NCR during Diwali . Earlier, the Court had imposed a complete firecracker ban owing to increasing air pollution in the capital . Considering the introduction of low-emission alternatives and public concerns, the Bench opted for a regulated relaxation to strike a balance between celebration and environmental protection .
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Key Aspects
The Court observed that a complete prohibition on firecrackers resulted in illegal smuggling and unregulated use of conventional crackers, which worsened pollution . Therefore, it decided to allow sale and bursting of only Green Crackers under strict supervision and time restrictions .
- Sale Period : October 18 to 20, only at designated places identified by district collectors .
- Bursting Hours : 6–7 am and 8–10 pm on the day before Diwali and on Diwali day .
- E-Commerce Ban : No sale through online platforms .
- Quality Check : Only NEERI-approved crackers with QR codes permitted .
- Monitoring : Police and Pollution Control Boards to form patrolling teams to ensure compliance .
Legal Insights
The judgment relied on prior directions issued in Arjun Gopal v. Union of India (2017), where the Supreme Court of India introduced the concept of Green Crackers to reduce emissions during festivals . The Court highlighted the constitutional and statutory framework regulating air pollution and citizens’ rights .
- Article 21 of the Constitution of Indi – Ensures the Right to Life which includes the Right to Clean and Healthy Air .
- Article 48A – Mandates the State to protect and improve the environment .
- Air (Prevention and Control of Pollution) Act, 1981 – Empowers authorities to control and regulate air pollutants including emissions from fireworks .
- Environment (Protection) Act, 1986 – Provides for prevention and control of environmental hazards and imposes liability for non-compliance .
Court’s Verdict
The Supreme Court of India allowed the sale and bursting of Green Crackers under stringent conditions to minimize air pollution . Only licensed vendors registered with NEERI may sell such crackers, and any violation will lead to license cancellation . The Court emphasized the need for a balanced approach between traditional celebrations and environmental safety ensuring both citizens’ enjoyment and protection of the right to clean air .
Source – Supreme Court of India
Read also – Constitution of India
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