Supreme Court Allows Green Firecracker Manufacturing but Bans Sale in NCR
The Supreme Court on Friday allowed the manufacture of green firecrackers in Delhi ahead of Diwali but made it clear that these cannot be sold in Delhi and the prohibited areas of NCR, which continue to struggle with severe air pollution.
A Bench led by Chief Justice of India (CJI) BR Gavai, along with Justices Vinod Chandran and NV Anjaria, noted that a balanced approach was needed.
The Court observed that a complete ban was difficult to implement and could lead to illegal practices, comparing it to instances where blanket bans had created black markets.
CJI Gavai remarked:
“What is the problem in allowing them to manufacture if they follow norms? Extreme orders will create problems. Let them manufacture but ensure no sale in NCR till further orders.”
The Court has permitted manufacturers certified by PESO (Petroleum and Explosives Safety Organisation) and NEERI (National Environmental Engineering Research Institute) to continue production, but they must give an undertaking that no sales will take place in Delhi-NCR.
The judges also urged the Central government to consult stakeholders and come up with a balanced policy. The Court agreed to give the Union ten days to devise a workable solution.
The Bench took note that its earlier directions on the firecracker ban seemed to conflict with its 2018 ruling in the Arjun Gopal case, which had allowed limited use of green crackers. However, the Court chose not to go deeper into that aspect for now.
Senior Advocates Balbir Singh and K Parameshwar argued in favour of allowing manufacture, while Amicus Curiae Aparajita Singh strongly opposed any relaxation, citing health risks to the elderly and infirm. ASG Aishwarya Bhati, representing the Centre, clarified that even the Union government had not sought a nationwide ban.
The matter will be taken up again on October 8.
