SC allows sale and use of green crackers in Delhi-NCR from Oct 18–20 on a trial basis.
Bursting hours limited to 6–7 a.m. and 8–10 p.m.; only licensed sellers, NEERI-approved products allowed.
Barium, laris, and online sales banned; CPCB to track AQI during the period.
The court clarified that on the day before Diwali and on the actual day of the festival, the use of green crackers will be limited to certain hours. When Diwali is celebrated on October 18–20, green crackers will be allowed for sale.
Chief Justice B R Gavai and Justice K Vinod Chandran's panel granted the Centre and Delhi government's joint request as well as the manufacturers' appeals for relaxations of the Delhi government's 2024 total ban on green crackers.
"Aggravated environmental pollution resulting in serious health hazards is pitted against the right to life and the right to carry on a profession; as available to the persons engaged in the firecrackers industry and their workmen," the court said. "Bursting firecrackers is an expression of the festive spirit and it enhances the mood in religious and other auspicious ceremonies, embedded in the cultural milieu of India," it added.
"However, that cannot lead to a situation of causing long term or even short term damage to health by an uncontrolled use, based only on traditions and cultural or religious norms. We cannot but reiterate, as this Court held often than ever, that the commercial considerations and the festive spirit should take a back seat when it concerns the environment and health," the CJI, writing a 21-page order, said.
Passing directions as a temporary measure, the bench followed the approach adopted in the 2018 verdict in the Arjun Gopal case by which the concept of green crackers came into being.
"The sale of green crackers as uploaded on the website of NEERI (National Environmental Engineering Research Institute) shall be permitted commencing from October 18, and continuing only till October 20," it said.
"The district administration and the police shall ensure that use of firecrackers shall be confined between 6:00 AM to 7:00 AM and 8:00 PM to 10:00 PM on the two days i.e., the one before and on the Diwali day," it said.
The sale of green crackers shall be permitted only from the designated locations in the NCR which shall be identified by the district collectors in consultation with the district Superintendent of Police and given wide publicity, it said.
"We have to take a balanced approach, taking into account the conflicting interests and permit in moderation, while not compromising the environmental concerns arising. While doing so, we also take note of the concerns raised by Haryana.
"It is their contention that out of 22 districts of Haryana, 14 districts fall within NCR. It is, therefore, the contention that almost 70 per cent of the State is affected by the ban on firecrackers...," it said.
According to the directive, police personnel, including those chosen by state pollution control boards, must form patrolling teams in coordination with the district administration to maintain vigil at the authorised sale areas.
"The patrol teams constituted shall acquaint themselves with the green cracker products as uploaded in website of NEERI and the registrations granted as also the QR codes issued to individual manufacturers," it stated.
According to the statement, the patrol teams will regularly carry out reconnaissance to make sure that only products that are authorised for sale—and that too with QR codes—are sold.
"They shall also take random samples for the purpose of analysis, which shall be transmitted to PESO (Petroleum and Explosives Safety Organisation) on violations noticed, the responsibility shall attach to those involved in manufacturing or sale of prohibited products who shall not only be penalised but also their licence/registration from PESO or with NEERI shall stand cancelled," it said.
Only licensed traders may sell crackers, it stated, and they must be produced by companies that are registered with PESO and NEERI.
It stated that crackers that are not produced by registered producers will be confiscated and that outside firecrackers will not be permitted in the NCR area.
"The use of firecrackers with Barium and those not approved by NEERI as green crackers, shall not be permitted and if found for sale or in the possession of individuals/traders, the same shall be confiscated," it said.
"There shall be no manufacture or sale of firecrackers joined in series (laris)," it said.
It barred e-commerce networks from selling crackers in Delhi-NCR and if undertaken the goods will be confiscated.
"The licences of traders, expired or cancelled after the ban was introduced, shall be renewed for the period stipulated by the statutory authorities," it said.
It stated that from October 14 to October 25, the Central Pollution Control Board, in coordination with the SPCBs, will monitor the air quality index (AQI), and that a report detailing the AQI for each day must be filed.
The matter has been "vexing this court for over a decade" because of the air pollution caused by firecrackers.
Additionally, it mentioned that NEERI has created green cracker formulations that reduce particle emissions by 30 to 80 percent by employing additives like zeolite and compounds based on boron to suppress dust and enhance combustion.
It stated that safer substitutes like strontium and potassium have taken the place of hazardous barium-based chemicals.
The ruling noted data suggesting, with the exception of the Covid shutdown period, when general industrial and vehicular activity was low, AQI did not significantly improve despite previous prohibitions.
The top court reserved its rulings on the appeals requesting authorisation to produce and market green firecrackers in Delhi-NCR on October 10.
With PTI inputs.
