Supreme Court Refuses To Limit Firecracker Ban In Delhi-NCR To 3-4 Months; No Exemption For Green Crackers

The Supreme Court on Thursday (April 3) passed an order imposing a year-long ban on the use, manufacture, sale and storage of firecrackers in the Delhi-National Capital Region.

The Court observed that imposing such a ban only for a period of 3-4 months every year is not effective given the worsening air quality of the national capital. Due to the extraordinary situation prevailing in Delhi-NCR, the Court said that no exception can be allowed, even for green crackers. Even online sales of firecrackers will remain banned.

A bench of Justice Abhay Oka and Justice Ujjal Bhuyan rejected the arguments raised by firecracker manufacturers that the ban would affect their right to trade and livelihood.

"Air pollution level remained alarming for a considerably long time. One can imagine the effect of air pollution on the common man as everyone cannot afford to have air purifiers at their residence or place of work. There is a section of population who works on streets and they are the worst affected by this pollution. After all right to health is an essential part of Article 21 of the constitution of India so is right to live in a pollution-free atmosphere," the bench observed.

The bench observed that restricting the ban to a few months will not serve any purpose as fireworks would be sold throughout the year and they will be stored and used during the ban period.

Regarding green crackers, the Court noted that as per the report of the Union Government, their emissions are only 30% less than the conventional crackers. Unless it is shown that the pollution caused by the "so-called Green crackers" is bare minimum, there is no question of giving them a relaxation,the Court observed.

The Court observed that the crackers' traders are also under an obligation under Article 51A of the Constitution to ensure that Delhi remains pollution free.

The Court also directed all NCR states to create a machinery for effectively implementing the firecracker ban. The machinery should ensure that preventive as well as coercive steps are taken against violators. The state should file affidavits regarding the machinery they propose to set up for effectively implementing the firecracker ban.

The Court has been monitoring pollution management in the National Capital Region (NCR) under the MC Mehta case, focusing on firecracker ban, stubble burning in Punjab, Haryana, and Uttar Pradesh, vehicular pollution, and solid waste management etc.

Background

On January 17, the Court extended the firecracker ban in districts of Uttar Pradesh and Haryana that fall in the National Capital Region till further orders.

Case no. – WP (C) 13029/1985

Case Title – MC Mehta v. Union of India