Supreme Court refuses to relax crackers-ban in Delhi-NCR

Noting that air pollution levels had remained alarming for a considerable time, a bench of Justices Abhay S Oka and Ujjal Bhuyan opined that imposing crackers-ban only for a period of 3-4 months every year is not effective and no exception, even for green crackers, should be allowed.

It said that unless it was shown that the pollution caused by the green crackers was bare minimum, there was no question of giving them a relaxation.

The Justice Oka-led Bench remarked that the right to health, an essential part of the right to life guaranteed under Article 21 of the Constitution of India, includes the right to live in a pollution-free atmosphere.

In January this year, the top court had extended the effect of the orders passed by the Uttar Pradesh and Haryana governments imposing a complete ban on firecrackers in the areas falling under the NCR region.

It had ordered that the ban imposed by the states of Uttar Pradesh and Haryana, which was effective till January 17, be extended till further orders.

On the intervention application filed by the Federation of Fireworks Traders, the Justice Oka-led Bench said: "Why should we hear you? You will have to satisfy us that burning firecrackers do not create pollution. You can sell firecrackers in other parts of India where there is no ban.”

Earlier, the Supreme Court had said that the ban already imposed by the Delhi and Rajasthan governments would turn effective only when the remaining states impose similar measures.

The apex court was hearing a public interest litigation (PIL) relating to the control of pollution in Delhi and NCR.

In the course of the hearing, it was told that while Haryana had permitted the use of green crackers, Rajasthan had imposed a complete ban on firecrackers in the NCR region.

The Supreme Court had asked the Uttar Pradesh and Haryana governments to impose a ban on firecrackers in the same terms as imposed in Delhi.

Before this, the top court had asked the state governments of Delhi and adjoining states to take a call on a permanent ban on the use of firecrackers.

Asking the state governments to place their stand on record, it had indicated issuing necessary guidelines, including on the manufacture, storage, sale and distribution of firecrackers.

"The ban on firecrackers will be helpful not only to curb the air pollution but the noise pollution as well. We will consider issuing necessary directions to the state governments on the issue of a ban on the use of firecrackers," it had said.

In November 2024, after Diwali, the Supreme Court had remarked that the ban on firecrackers was hardly implemented in the national capital and pulled up the Delhi government for not implementing it. It had called for an affidavit from the Delhi government and Police Commissioner detailing the steps taken to enforce the ban.

The apex court had suggested that the premises of sellers of firecrackers should be sealed, apart from enforcing a ban on importing firecrackers from neighbouring states.

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