Complete ban on firecrackers facilitates illegal sale, impacts legitimate green crackers: SC

New Delhi, Nov 2: The Supreme Court has said that a complete ban on firecrackers is not only facilitating illegal sale but also preventing people from purchasing legitimate green crackers which have been tested at established facilities.

The top court, which allowed the bursting of green firecrackers in Delhi-National Capital Region (NCR) from 6 to 7 am and from 8 to 10 pm on November 7 and 8, said that non-implementation and flouting of directions passed by it in various orders earlier in the matter have been a “recurring problem”.

“Hence, this court is inclined to regulate the manufacture, storage, sale and bursting of green firecrackers, instead of maintaining the complete ban on the same, for a temporary period, in view of the aforesaid discussion,” a bench of Justices M M Sundresh and Prasanna B Varale said in its October 29 order.

It made clear that the complete ban on firecrackers, as imposed earlier, shall be restored with effect from November 9.

The bench said it has not been furnished with adequate data as to whether the complete ban on firecrackers imposed in 2024 in Delhi-NCR has served its purpose, particularly since there has been no significant improvement in Air Quality Index (AQI) readings.

It said that while considering the detrimental effect due to the potential entry of illegal firecrackers in the Indian market and to balance the competing interests, the top court on October 15, 2025 passed an order relaxing the complete ban that was imposed previously.

The bench said another intention behind temporary relaxation was also to enable the states to precisely determine the effects of allowing bursting of green crackers on the environment and health, and place their findings before the court to enable it to take a decision.

“Unfortunately, we find that the State has utterly failed in complying with the directions thereunder,” it said, adding, “Thereafter, the situation has not improved even after resumption of the complete ban on firecrackers.”

The bench said a note submitted before it by an advocate assisting it as an amicus curiae in the matter also showed that despite there being a complete ban, there was a significant spike in AQI levels on the day of Dussehra and the following day this year.

The top court said it is “worrisome” to note that despite the complete ban having resumed, conventional firecrackers were sold and continue to be sold under the guise of green crackers.

“This clearly indicates that the complete ban is not only facilitating the illegal sale of firecrackers but also preventing people from purchasing legitimate green crackers and next-generation joined green crackers, which have been tested at established facilities,” it said.

The bench said it was cognisant of the fact that efforts made so far have not improved the situation till date.

“Despite the clear directions issued by this court time and again, neither was there effective implementation to the satisfaction of this court nor were any of the relevant materials/ documents placed to our satisfaction,” it said.

Taking note of the then prevailing situation, a spate of directions were issued by the court from time to time since 2018 to regulate the bursting of firecrackers, especially in and around Delhi-NCR.

“Regardless of the directions passed by this court to regulate the upcoming situation, the endeavour is to bring about a holistic change for which the public perception has to change,” it said.

The bench said one must embrace the precautionary principle by being proactive to prevent issues, instead of merely reacting after they have occurred.

“While parting, we wish to make a sincere plea regarding the feasibility of raising awareness by the members of the Bar, prominent personalities, including celebrities and sports persons, to lend their voice and influence through a voluntary public-awareness campaign,” it said.

The bench said such participation can play a significant role in encouraging citizens to celebrate the upcoming festivals in a safe, responsible and environmentally conscious manner, without causing harm to public health or aggravating the already precarious air quality.

Passing a slew of directions, the bench said measures must be taken by authorities to put up banners at such designated locations, including shops, to inform the general public about the dates on which sale of green crackers is permitted, and also the dates and timings at which bursting is permitted.

The bench said strict actions of contempt will be taken against the responsible officials if the directions are not complied with.

It said the public be informed about the mode on how and where to file any complaint against manufacturers or traders who are found to be violating the directions passed by the court and the regulations.

It said the police, in coordination with district administration in Delhi-NCR, shall constitute patrolling teams to keep a vigil on the designated locations of sale of green crackers.

The bench said illegal or conventional firecrackers be confiscated immediately and prosecutions be initiated against the offending manufacturers or traders.

It said all possible endeavours be made for effective monitoring of AQI levels.

“Appropriate measures will have to be taken after the festival is over. This will include the clearing of all solid waste, as well as its management and disposal. Further, the most polluted areas shall be cleansed using water sprinklers, amongst any other measures that may possibly be undertaken,” the bench said.

It said the State shall direct respective departments to take steps to notify and publish the directions and measures proposed to be taken to comply with the same.–(PTI)