Firecracker Ban Hearing: SC Calls for Innovative Action in Delhi-NCR
The Supreme Court has reserved its verdict on the Delhi-NCR Diwali firecracker ban after a day of sharp exchanges with the Centre, the Delhi government and the Commission for Air Quality Management. The bench of Justice MM Sundaresh and Justice Prasanna B Varale raised pointed questions about enforcement and suggested involving well-known figures such as Virat Kohli to generate public awareness.
The court said that the approach taken so far has not worked. Issuing orders year after year has become a routine exercise, while violations remain common, it observed. The bench stressed that something new and innovative needs to be tried.
Focusing on younger citizens, the court asked why respected public figures and popular sportspersons could not be engaged to encourage responsible behaviour. It noted that young people today are aware and ask questions, and that children who receive correct information could persuade their parents to skip firecrackers.
Representing the Delhi government and CAQM, Additional Solicitor General Aishwarya Bhati assured the court that the administration was fully prepared. A new plan will come into effect from November 1. Only vehicles complying with BS-6 norms will be permitted to enter Delhi from outside, and government office timings have been adjusted to ease traffic. Anti-smog guns have been installed at construction sites, pollution control centres have been set up, and the Vayu Rakshak system has been introduced. In all, 608 anti-smog guns are deployed in the capital.
The ASG conceded that AQI levels were comparatively higher on the days when firecrackers were permitted.
The court pressed the Delhi government on why only nine of 39 monitoring stations were functional. There was no detailed compliance report on the steps taken after previous orders, the bench said. It asked whether inspection teams had been formed, how many locations they visited, whether data had been gathered and whether it had been produced before the court.
The bench cautioned that orders would mean nothing unless they were implemented on the ground, and that the exercise would otherwise turn into a joke.
The government was also asked to establish whether Chinese firecrackers were being sold in the market and what action had been taken against them. The court said traders are driven by the desire to maximise business, which makes strict monitoring and enforcement essential.
The court acknowledged that many people wish to mark festivals with fireworks. Festivals lift morale and bring positivity, the bench said, adding that it did not favour a total ban because of its far-reaching implications. It nevertheless directed authorities to ensure rigorous ground-level monitoring during festivals.
The amicus curiae appointed by the court highlighted that firecrackers release large amounts of particulate matter, and burning the chemicals and metals they contain produces toxic gases. PM2.5 particles are so fine that they penetrate deep into the lungs and enter the bloodstream, affecting the body and even the brain.
Citing Delhi-based specialist doctors, the amicus said lungs of non-smokers were once typically pink, but black spots are now being found in the lungs of non-smoking teenagers. He also said that about 90 per cent of lung cancer patients in the 1980s were smokers, while nearly half of them now have never smoked.
He further told the court that the sale and certification of so-called green crackers raises grave concerns. Regular crackers are being sold with green labels, many products lack QR codes, and some QR codes in use are fake. Even if green crackers are allowed, there is no effective way to confirm that only they are being sold.
He added that green crackers are not pollution-free. Standards set by CSIR and NEERI show around 30 per cent lower emissions than ordinary crackers, but considerable pollution still results. AQI spiked sharply after Dussehra this year. In Delhi-NCR, where air is already poor, additional pollution is a serious threat to public health. When air reaches severe levels, GRAP is imposed, construction is halted and schools are sometimes shifted online. He asked how firecrackers could be allowed at a time when even essential activities face restrictions.
Petitioner Gopal Sankaranarayanan said the government was seeking two weeks to frame policy while sales and supply of firecrackers continued. He urged that if regulation is required, immediate and effective measures must be taken.
After hearing all parties, the Supreme Court reserved its judgment. The final ruling is expected to shape firecracker use and air pollution control in Delhi-NCR during Diwali.