In a major relaxation ahead of Diwali, the Supreme Court on Wednesday allowed the sale and bursting of green firecrackers in Delhi and the National Capital Region (NCR), while imposing specific conditions to balance festive celebrations with environmental concerns.

A bench comprising Chief Justice B R Gavai and Justice K Vinod Chandran permitted the use of green crackers during restricted hours on the day before Diwali and on Diwali itself. Sale of green crackers will be allowed from October 18 to 21.

“We have to take a balanced approach, permitting it in moderation while not compromising with the environment,” the CJI said.

“Sale of green crackers will be permitted from October 18 to October 21. Police authority to constitute patrolling teams to keep an eye that only permitted products with QR codes are to be sold. Violation notice to be attached for persons who violate the rules. Use of firecrackers shall be confined to 6 AM to 7 AM and 8 PM to 10 PM on the day before Diwali and on Diwali day,” the CJI added while reading out the order.

The bench clarified that no sale of firecrackers will be permitted through e-commerce platforms. Patrolling teams will also conduct regular checks on cracker manufacturers, and QR codes of approved products must be uploaded on official websites. Crackers sourced from outside Delhi-NCR will be banned, with violators facing suspension of their licenses.

The top court observed that total bans in the past had led to the smuggling of conventional firecrackers, which caused greater environmental harm. “Conventional firecrackers are smuggled, which cause more damage. We have to take a balanced approach,” the CJI said.

The order noted that despite earlier bans, the Air Quality Index (AQI) in NCR districts had not shown significant improvement, except during the COVID-19 lockdown when industrial and vehicular activity was minimal.

Referring to its 2018 landmark judgment in Arjun Gopal v. Union of India, the bench highlighted the introduction of green crackers, developed with the assistance of the National Environmental Engineering Research Institute (NEERI), which reportedly reduce particulate matter and harmful gas emissions by up to 30 per cent.

“Over the past six years, green crackers have substantially reduced emissions. NEERI has played a crucial role in this progress,” the order said. It also imposed a ban on the manufacture of all firecrackers, including green ones, from October 14, 2024, to January 1, 2025.

The court directed the Central Pollution Control Board and state PCBs in NCR to monitor pollution levels during Diwali and submit reports.

Solicitor General Tushar Mehta, representing the Centre and NCR states, had urged the court to allow green crackers during festivals like Diwali, Guru Purab, and Christmas without time restrictions. While reserving its order on October 10, the bench had noted that a complete ban was “neither practical nor ideal,” as restrictions were often violated.

“Let the children celebrate for two days. It is only for festivals like Diwali, Gurpurab, and Christmas,” Mehta said, adding, “The child inside me is persuading the child in your Lordships and for a few days there should not be any time restrictions.”

Political reactions

Delhi Chief Minister Rekha Gupta welcomed the decision, saying it honours the sentiments of people while reflecting a balanced approach to environmental protection. In a post on X in Hindi, she said, "This decision honours the sentiments and festive spirit of the people on the auspicious occasion of Diwali, while also reflecting a balanced approach towards environmental protection. The Delhi government remains fully committed to respecting public sentiment and the vision of a clean and green Delhi. Our goal is to ensure that the festive joy continues while safeguarding the environment."

Delhi Minister Kapil Mishra also welcomed the order, saying people will celebrate Diwali traditionally after many years. He posted on X in Hindi: "Jai Shri Ram! With the change in government, after years, Delhiites will celebrate Diwali in the traditional way. The Supreme Court’s decision to allow green crackers on Diwali is a welcome one. Gratitude to Chief Minister @gupta_rekha ji and the Delhi government for presenting the people’s voice before the court."

A total of 16 districts in Uttar Pradesh, Rajasthan, and Haryana fall under the NCR along with Delhi.