- The Chief Justice said the court will adopt a balanced approach on firecracker use in Delhi-NCR
- The court is considering limiting firecracker use to specific hours during festivals
- A lawyer argued firecracker bursting is not a fundamental religious right
The Supreme Court on Monday said it would adopt a "balanced approach" while considering the issue of firecracker use, adding that it would not hurt religious sentiments. During the hearing, Chief Justice of India (CJI) Justice Surya Kant-led bench said there was still sufficient time to appeal to people and consider restricting the use of firecrackers to specific hours. The court is hearing a long-pending matter concerning restrictions on firecrackers in Delhi-NCR during the period of severe air pollution in the winter months, which coincides with several festivals.
"We will not hurt religious sentiments, but we will see what a balanced approach can be," the chief justice said.
The court stressed the need for a practical approach to the issue, while also underlining the importance of public awareness and civic responsibility.
The chief justice said it would be helpful if citizens and civil society remained aware of the prevailing situation and understood their responsibilities.
During the proceedings, a lawyer argued that bursting firecrackers is not part of the fundamental right to religious freedom. While worship is an expression of religious faith, the lawyer said, bursting firecrackers is not.
"Even God would be surprised," the lawyer remarked while making the argument. Justice Joymalya Bagchi asked why firecrackers are being linked to religion. "What do firecrackers have to do with religion?" he said.
Chief Justice Surya Kant had earlier made an observation that the moment Supreme Court decides to ban the firecrackers in Delhi-NCR, people will start bursting them during daytime.
The hearing comes amid the ongoing debate over the use of firecrackers and the need to balance religious practices with wider public concerns. The court indicated that there was time to explore a practical solution, including limiting the hours during which firecrackers could be used.
On September 30, at another similar hearing, a bench of justices MM Sundresh and PB Varale indicated that it was inclined to accept a suggestion to permit firecrackers, but subject to conditions.
Additional Solicitor General Aishwarya Bhati had sought time till October 15 to place on record the Central Pollution Control Board's (CPCB's) report on barium-based firecrackers, saying outdoor testing of such crackers was yet to be conducted.
The proceedings arise from a 2015 case in which the Supreme Court has issued a series of directions regulating the manufacture, sale and use of firecrackers, particularly in view of deteriorating air quality in Delhi and neighbouring regions.
While the court had earlier imposed a blanket prohibition on firecracker use in Delhi, it subsequently permitted the sale and bursting of approved green firecrackers in Delhi-NCR during a limited period around Diwali in 2025.
