Bench calls for balanced approach as Centre told to consult all stakeholders

The Supreme Court on Thursday permitted the manufacture of green crackers under strict regulatory conditions while maintaining a ban on their sale within Delhi and the National Capital Region (NCR).

A bench headed by the Chief Justice said that manufacturers holding valid certificates from the National Environmental Engineering Research Institute (Neeri) and the Petroleum and Explosives Safety Organisation (Peso) may continue production, provided that none are sold in the prohibited areas until further orders. The matter will be heard again on 8 October.

The Court noted that a complete prohibition may not be workable, pointing to difficulties in enforcement during previous years. Drawing a parallel with the rise of illegal mining mafias in Bihar following an outright ban, the bench remarked that a balanced approach was necessary. The Centre has been asked to devise a solution in consultation with the Delhi government, manufacturers, and sellers.

During the hearing, senior advocate Aparajita Singh, appearing as amicus curiae, pressed for a blanket ban on the manufacture and sale of all firecrackers, arguing that permitting production within NCR would inevitably encourage their use. Manufacturers’ representatives, however, sought conditional permissions, suggesting declarations of quantities and disclosures on official websites.

The Chief Justice observed, “What is the problem in allowing them to manufacture if they follow norms? There has to be a solution,” stressing that extreme prohibitions could create unintended challenges.

Earlier, on 12 September, the Court had sought reports from the Commission for Air Quality Management (CAQM) and Neeri on the feasibility of green crackers and directed authorities not to cancel manufacturers’ licences until submissions were received.

Singh also told the Court that while the wealthy can escape Delhi’s winter smog by leaving the city or using air purifiers, it is the poorthose living in slums or sleeping on footpaths who bear the harshest burden of air pollution.