'Air Pollution At All-Time High During Diwali, Explain Steps Taken To Enforce Firecracker Ban': Supreme Court To Delhi Govt & Police

The Supreme Court today directed the Delhi Government and the Police Commissioner of Delhi to file affidavits stating steps taken to implement the ban on firecrackers in Delhi as well as proposed steps to ensure compliance with the ban next year.

“There cannot be any dispute that the ban was hardly implemented. Moreover, the effect of non-implementation of the ban is very apparent from the report of CSE which shows that the pollution level in Delhi in this Diwali of 2024 was at an all time high. It was much higher than Diwali of 2022 and 2023. Moreover, the report indicates that even farm fires were on rise during Diwali days”, the Court observed.

A bench of Justice Abhay Oka and Justice Augustine George Masih was hearing the MC Mehta case concerning air pollution in the Delhi NCR region from sources such as firecrackers, stubble burning, waste burning, vehicular emissions, industrial pollution etc.

“We direct the Delhi government to file a detailed affidavit placing on record the orders banning the use of firecrackers and the steps taken by the Delhi government to implement the same. We issue notice to the Commissioner of Police Delhi calling upon him to file an affidavit indicating the steps taken by the police to enforce the complete ban on the use of firecrackers in Delhi. While filing affidavits, Delhi Government and police must also state what effective steps they propose to take next year to ensure that the ban on the use of firecrackers is fully implemented. This will also include the measures to be taken for public awareness”, the Court directed.

The Court further asked the authorities to take a call on a perpetual ban on firecrackers in Delhi. “In the meanwhile, the government of Delhi and other authorities will also take a call on the issue of perpetual ban on use of firecrackers in Delhi”, the Court ordered.

During the hearing today, Justice Oka said that the Court will propose to extend the ban beyond Diwali to other festive occasions as well, but first would like to see the nature of the present ban order.

Justice Oka highlighted that news reports indicated a lack of enforcement of the firecracker ban, which is intended to mitigate pollution levels, particularly during Diwali. He questioned under which provision the ban was imposed and directed the Delhi government to place the ban order on record.

“We want you to create a mechanism, at least next year this should not happen. We will tell you what is the problem. In view of the amendment, the penal provision under Air Pollution Act has been taken away by the government of India. There is only penalty. But we will find out in what manner it can be implemented. Those who are selling firecrackers whether their premises can be sealed, something has to be worked out. People may bring crackers from other states also. There has to be public awareness on Diwali”, Justice Oka said.

Referring to a report by the Centre for Science and Environment (CSE), amicus curiae Aparajita Singh pointed out that farm fires significantly increased during Diwali, with recorded incidents spiking from 160 the day before Diwali to 605 on Diwali day, raising pollution levels. She said that the pollution percentage increased from 10 percent to 30 percent on Diwali. The report also noted an increase in farm fires during this period.

The Court ordered the Delhi government and the Police Commissioner to submit an affidavit detailing the measures taken to enforce the firecracker ban and steps planned for better implementation next year. The affidavits have to be filed within one week. The Delhi government also has to state whether there were instances of fires in farms within the limits of Delhi.

Further, the Court directed the governments of Haryana and Punjab to submit affidavits reporting the number of stubble burning incidents during the last 10 days of October. Referring to the previous order, the Court highlighted ongoing issues with large-scale waste burning, among other pollution sources, and noted that the Delhi government had filed an affidavit on October 30 regarding the same. The Court set November 14 for further consideration of compliance actions taken by Delhi and the NCR states.

The Court has earlier expressed concern over the lack of penal action by the Commission for Air Quality Management (CAQM) and the state governments of Punjab and Haryana in curbing stubble burning, which the Court observed as a violation of the fundamental right to a pollution-free environment under Article 21.

Today, the Court also directed the Union to take a decision regarding Punjab's proposal for funds to assist small farmers, including providing tractors with drivers, extending the time for a decision by one additional week, with compliance to be reported by November 14.

Justice Oka inquired about the progress of setting up the necessary machinery under Section 15 of the Environmental Protection Act. The counsel for the Union informed the Court that draft rules have been prepared and are currently undergoing translation, with completion expected within two weeks. The Court ordered that an updated compliance report be filed by November 14.

The Court also reviewed the implementation of its December 13, 2023, direction for color-coded stickers on vehicles to indicate fuel type. The Court directed all NCR states to submit compliance affidavits within one month. Additionally, the Ministry of Road Transport and Highways (MoRTH) was directed to conduct a meeting with the secretaries of transport departments and transport commissioners from remaining states and union territories to assess implementation progress, with the Union required to submit a compliance affidavit.

Case no. – WP (C) 13029/1985

Case Title – MC Mehta v. Union of India