SC declares cracker of a Diwali in Delhi-NCR

The Supreme Court on Friday said it will allow the sale and bursting of firecrackers in Delhi and the National Capital Region (NCR) for five days during Diwali, marking what could be the Capital's first festival season with legal fireworks in years despite concerns from environmental experts and amicus curiae about enforcement gaps.

- Utkarsh Anand and Abraham Thomas

A bench led by Chief Justice of India (CJI) Bhushan R Gavai and justice K Vinod Chandran reserved its order after the Union government proposed firecrackers be allowed under a tightly regulated framework permitting only “green firecrackers” approved by the National Environmental Engineering Research Institute (NEERI).

But, the bench stated: “For the time being, we will allow it during the five days of Diwali on a trial basis...However, we will confine it to certain time limits”.

The remark came after the Centre, represented by solicitor General Tushar Mehta, submitted a detailed enforcement plan restricting sales to licensed traders and barring online platforms such as Flipkart and Amazon from facilitating firecracker sales in Delhi-NCR. Traditional crackers would remain banned, the government promised, even as it sought that the relaxation be for all festivals.

The government proposed strict time windows: 8pm to 10pm on Diwali and major festivals, 11.55pm to 12.30am on New Year's Eve, and one-hour slots morning and evening for Gurpurab. Firecrackers could also be used for weddings and personal occasions, it submitted.

During the hearing, Mehta requested the court relax Diwali timings, arguing children should not be restricted to two hours of celebration. "It is a matter of a few days on Diwali. Let children celebrate Diwali with fervour," the solicitor general said.

Experts have repeatedly raised alarm over such a move, citing the two-year period between 2018 and 2020 when a similar policy for green firecrackers yielded no reduction in air pollution levels, and argued that on the ground, it was virtually impossible to distinguish between such products and conventional firecrackers. And children and old people are the worst sufferers of air pollution.