Explained: A To Z Of Delhi's 'Green' Crackers Debate

As Diwali approaches, Delhi is again at the centre of a legal debate over firecrackers. Delhi Chief Minister Rekha Gupta will request the Supreme Court to allow the use of certified green firecrackers on the grounds that they are less polluting and are part of cultural tradition.

But the national capital has been strict on fireworks use, with policies rooted in environmental statutes and reinforced by judicial rulings, leaving little room for even "green" alternatives.

Legal Framework

Delhi's firecracker regulations are primarily based on three statutes:

1. The Environment (Protection) Act, 1986: It empowers the government to issue binding directions to protect public health and the environment. Under Section 5, the Delhi government bans the manufacture, storage, sale, and bursting of firecrackers.

2. The Air (Prevention and Control of Pollution) Act, 1981:  Through Section 31(A), the Delhi Pollution Control Committee (DPCC) can stop activities that worsen air quality.

3. The Explosives Act, 1884: It regulates storage and handling of fireworks, with penalties including fines, seizure, and prosecution for violations.

These laws collectively give the authorities power to enforce a city-wide ban, both for conventional and green crackers.

Supreme Court Oversight

The Supreme Court first imposed a ban on firecrackers in Delhi and the National Capital Region (NCR) in 2014-15 due to rising pollution. Initially, green firecrackers were briefly exempted, but in 2018 they too were banned because enforcement was difficult and emissions, though lower, still posed health risks.

On September 26 this year, the Supreme Court said certified green firecracker manufacturers approved by government agencies or pollution control boards may come to the court for permission to manufacture them. However, this applies only to manufacturing; the sale and bursting of firecrackers in Delhi-NCR remain illegal unless further relief is granted.

The Supreme Court consistently cited Article 21 of the Constitution, the right to life and health, as justification for maintaining strict bans.

"Green firecrackers, while reducing certain emissions, are not emission-free. Courts have rightly prioritised public health under Article 21," lawyer Vineet Jindal said.

Chief Justice BR Gavai emphasised that clean air is a fundamental right.

"If citizens living in Delhi-NCR are entitled to pollution-free air, why not in the rest of the country?" he said.

Policies In The Past

The previous government under the Aam Aadmi Party (AAP) enforced the ban on firecrackers strictly. In 2023, the then environment minister Gopal Rai issued a complete ban on production, sale, and use of all firecrackers, including the green variants. Hundreds of first information reports (FIRs) were filed, and over 900 people were fined.

The enforcement relied on:

Section 31(A) of the Air Act, 1981, which banned pollution-causing activities.

Environment Protection Act, 1986, which provided for fine up to Rs 1 lakh or imprisonment.

Section 188 of the IPC/CrPC, which penalised disobedience of government orders.

What it showed was that Delhi's legal framework was capable of strict enforcement, even during high-demand periods like Diwali.

Enforcement Challenges Today

Despite the legal backing, questions have been raised on enforcement of the ban. Earlier this month, the Delhi Police seized over 4,600 kg of illegal firecrackers in multiple raids, including 700 kg hidden under an ice-cream unit in Matiala, and 320 kg found at the house of a grocery shop owner in Dwarka. A 52-year-old resident of Matiala was arrested.

But these represent only a fraction of the total illegal supply. Private homes, where most firecrackers are stored and burst, cannot be easily monitored. Public patrols catch only a portion of offenders.

"Even if firecrackers are manufactured in Delhi, enforcing the ban on bursting them inside homes is almost impossible. Public compliance depends on awareness and monitoring, which is uneven," environmental analyst Sunil Dahiya said.

Delhi's firecracker regulations are primarily based on three statutes

Delhi Government's Stand

Green firecrackers could be a middle ground, balancing cultural tradition with environmental caution, according to Rekha Gupta and Environment Minister Manjinder Singh Sirsa.

"Crackers are allowed across India. Why should Delhi residents be deprived of them? The majority community's celebration cannot be wiped out in the name of pollution. There are other pollutants contributing more, and the government is working in those areas," Sirsa said.

The Delhi government has written to the Centre and will present its case before the Supreme Court.

The Supreme Court today deferred to October 10 the hearing on issues related to manufacturing and sale of green firecrackers in Delhi and NCR. Manufacturers had filed a batch of petitions seeking permission to sell green crackers.

In summary, Delhi's ban on firecrackers stands on firm legal ground, experts say. The law may allow the manufacture of certified green crackers under supervision, but their sale and bursting remain illegal within city limits, unless the Supreme Court explicitly changes its previous orders.