SC Rules Out Firecracker Ban, Says Use May Be Allowed During Fixed Hours

The Supreme Court on Wednesday ruled out both a complete ban on firecrackers and their unrestricted use throughout the day, indicating that a regulated time window could be considered ahead of the festival season.

A Bench of Justices MM Sundresh and PB Varale said a complete prohibition could affect sentiments linked with festivals, while unrestricted use of firecrackers could have a significant impact on vulnerable groups, including children, elderly people and those with health concerns.

“We are neither going to agree for a total ban nor allow them to do it for 24 hours,” the Bench observed.

The court said a balance would have to be found by specifying the hours during which permitted firecrackers could be used.

“We need to find a solution by which we can give a specified time,” the Bench said orally.

The observations came during the hearing of a long-running case concerning regulation of firecracker use, particularly in Delhi-NCR, where air pollution levels often worsen around Diwali.

Additional Solicitor General Aishwarya Bhati submitted a note suggesting that limited relaxation could be considered for specific categories of “next-generation joined green crackers” recommended by the Council of Scientific and Industrial Research-National Environmental Engineering Research Institute (CSIR-NEERI).

According to the note, such firecrackers could be allowed only if they are manufactured by licensed producers, meet prescribed noise limits of 125 dB(AI)/145 dB(C) peak, and do not contain prohibited chemicals.

The court also said it would examine the issue of barium used in firecrackers on October 15. Bhati sought time to submit a report from the Central Pollution Control Board (CPCB) on barium-based crackers, stating that outdoor testing was still underway.

The Supreme Court is also considering whether certain categories of firecrackers, including joined firecrackers commonly known as “larri”, can be permitted with safeguards.

The matter has been under consideration since 2015, when the court began issuing directions on the manufacture, sale and use of firecrackers amid concerns over worsening air quality in Delhi and surrounding areas.

Last year, the Supreme Court allowed the sale and use of approved green firecrackers in Delhi-NCR during Diwali, subject to conditions. Their use was restricted to specified time periods around the festival to balance celebrations with environmental and health concerns.