Delhi Wants Green Firecrackers This Diwali. What The Law Says: Explained

Delhi Chief Minister Rekha Gupta on Monday said her government will go to the Supreme Court to seek permission for the use of green firecrackers during Diwali in the national capital.

She emphasised on controlling air pollution while also respecting the sentiments of the people of Delhi who want to celebrate the festival. The chief minister added her government will keep its stand clear in writing before the court on October 8.

The Supreme Court has time and again reminded Delhi's authorities - even during when Arvind Kejriwal was the chief minister - on the need to curb air pollution in the national capital, especially between October and December.

As the Delhi government prepares to convince the Supreme Court to allow green firecrackers in the city this Diwali, we look at the law and the Supreme Court's stand on the matter so far.

What Does The Law Say

At present, the sale and bursting of all kinds of firecrackers including green firecrackers are banned not only in Delhi, but also adjoining areas in Rajasthan, Uttar Pradesh, and Haryana.

Last year, taking note of unprecedented pollution, the Supreme Court introduced a year-round ban on not only bursting, but also on manufacturing, storage, sale, and purchase of all kinds of firecrackers in Delhi and the National Capital Region (NCR).

In September this year, the Supreme Court removed the ban on manufacturing of green firecrackers in Delhi-NCR with strict conditions.

The order by a Supreme Court bench comprising Chief Justice of India BR Gavai, Justice K Vinod Chandran and Justice NV Anjaria allowed certified manufacturers of green firecrackers to manufacture them in Delhi-NCR, subject to the condition that they will not be sold in the NCR.

These manufacturers must have permits from the National Environmental Engineering Research Institute (NEERI) and the Petroleum and Explosives Safety Organisation (PESO).

Supreme Court On Firecracker Ban In Delhi

The Supreme Court banned the use of firecrackers in the national capital for the first time in 2020. In 2024, the Supreme Court expanded the order to a year-round ban on manufacturing, storage, selling (including delivery through online marketing platforms) and bursting of all kinds of firecrackers in Delhi.

This Supreme Court's tightening of its previous order came after the city reported rampant violation of the firecrackers ban during Diwali that year.

Here's a brief timeline:

In November 2024, the Supreme Court pulled up Delhi Police and government authorities for not enforcing the ban on the ground, and ordered them to show what actions they have taken to implement the ban.

On December 19, 2024, the Delhi government issued a notification imposing a year-round ban on manufacturing, storage, sale and bursting of firecrackers in the city.

Before the Supreme Court's order in 2024 for the year-round ban, bursting and sale of all kinds of firecrackers in the national capital had been banned since 2020 under the Air (Prevention and Control of Pollution) Act, 1981.

But this changed in 2024.

Keeping in view the experience of worsening ambient air quality every year between October and January, the Supreme Court widened the ambit of its earlier direction to include a complete ban on manufacturing, storage, selling (including on ecommerce websites) and bursting of all kinds of firecrackers in Delhi year-round.

While firecracker manufacturers challenged the year-round ban in the Supreme Court, it declined to ease the ban during a hearing on April 3 this year. The Supreme Court noted that air pollution in Delhi-NCR remained alarming for a considerable time.

The April order was passed by a bench of Justice Abhay S Oka and Justice Ujjal Bhuyan. They said a large section of the population worked on the streets and they would be the worst-affected by air pollution.

"Not everybody can afford an air purifier at their house or place of work to fight pollution," the Supreme Court said, and noted the "horrible situation which prevailed in Delhi due to very high levels of air pollution."

Right to health is an essential part of Article 21 of the Constitution, so is the right to live in a pollution-free atmosphere, the Supreme Court said, and made it clear that unless it is satisfied "so-called green firecrackers" will have a bare minimum effect on air pollution, it would not reconsider easing the ban.

Supreme Court Calls For Balanced Approach

In the latest development, a bench led by Chief Justice Gavai on September 26 told the Centre to consult all stakeholders and come up with a balanced approach. While allowing manufacturing of green firecrackers in Delhi-NCR, the Supreme Court noted the ban was not implemented in letter and spirit.

The Supreme Court acknowledged that bans often led to the mafia thriving, and told the Centre to bring a solution in the form of a balanced approach after consulting all stakeholders.

This hearing is scheduled on October 8.

"Like in Bihar though there was a ban on mining, it led to illegal mining mafias. Thus a balanced approach is needed," Chief Justice Gavai said.

In an earlier hearing on September 13, he questioned why firecracker bans should apply only to Delhi-NCR and not to other cities that are facing severe air pollution. Chief Justice Gavai said if the residents of NCR are entitled to clean air, "why not people in other cities too?"

With this as the premise, the Supreme Court remarked that any firecracker policy "has to be on a pan-India basis."

"We can't have a policy just for Delhi because they are elite citizens of the country. I was in Amritsar last winter and the pollution was worse than Delhi. If firecrackers are to be banned, they should be banned throughout the country," Chief Justice Gavai said.

During the hearing on September 26, the Supreme Court accepted that firecracker manufacturers have the right to work. 

However, it added, "Citizens also have the right to breathe."