The Supreme Court has announced that firecrackers may be used during the Diwali celebrations on November 7 and 8, specifically between the hours of 6 am to 7 am and 8 pm to 10 pm. This decision acknowledges the religious and cultural importance of Deepawali while imposing necessary restrictions to mitigate environmental impact. Last year, similar time slots were permitted for the use of firecrackers.

The court’s ruling, delivered by Justices M M Sundresh and Prasanna B Varale, emphasised the need for local authorities to ensure that polluting firecrackers are not available for public use. The justices instructed police and administrative bodies to take strict action against those involved in the sale of such harmful products.

While recognising the significance of the festival, the court reiterated that individual rights to practice religious customs are subject to constitutional limitations. The justices pointed out that allowing environmental degradation poses health risks to all living beings, contradicting the very essence of the festivities.

Regulations on Sale and Manufacture of Firecrackers

The Supreme Court has decided to maintain restrictions on the manufacture and sale of firecrackers in the National Capital Region (NCR) even after Diwali. However, it stopped short of implementing a complete ban on firecrackers. The bench noted that although a total prohibition might seem ideal, there is insufficient data to determine whether such a measure would effectively address the pollution concerns associated with firecracker use.

The court has mandated that district collectors and police superintendents identify specific locations within the NCR for the sale of approved green crackers, while strictly prohibiting sales in other areas, including online platforms. This measure aims to control the distribution of firecrackers and ensure that only environmentally friendly options are available to the public.

Additionally, the court has instructed that all manufacturers and traders of firecrackers in Delhi-NCR must submit a substantial monetary security deposit. This deposit will be forfeited if any party violates the court’s directives. This requirement is intended to enforce compliance and discourage illegal sales.

Environmental and Health Concerns Addressed

The court has highlighted the adverse effects of firecracker use on the environment, particularly concerning air and noise pollution, as well as the generation of solid waste. It acknowledged that the unregulated use of firecrackers affects everyone, with vulnerable groups such as children, the elderly, and those with disabilities being disproportionately impacted.

Furthermore, the justices reiterated that the right to practice religion, as outlined in Article 25(1) of the Constitution, is subject to public order, morality, and health considerations. The court has consistently affirmed that the right to life, as enshrined in Article 21, encompasses the right to a healthy and pollution-free environment. This principle underscores the necessity of balancing religious practices with environmental responsibilities.

In its ruling, the court has prohibited the manufacture and sale of firecrackers that are joined in series, known as ‘ladis’, as well as those containing barium or not certified as green crackers by the Council of Scientific and Industrial Research-National Environmental Engineering Research Institute (CSIR-NEERI). These measures aim to further reduce the environmental impact of firecracker usage during the festival.

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