New Delhi, Nov 2 Days ahead of Diwali, the Supreme Court has allowed the bursting of green firecrackers in Delhi-National Capital Region (NCR) from 6 and 7 am and from 8 to 10 pm on November 7 and 8.
Diwali falls on November 8 this year.
The top court rued the non-implementation of its earlier directions and measures undertaken by authorities to curb bursting of firecrackers in Delhi-NCR.
Observing that bursting firecrackers would certainly cause pollution, a bench of Justices M M Sundresh and Prasanna B Varale said the right of an individual to engage in a particular practice, which may have a religious colour, is only a qualified one and cannot go beyond the constitutional restrictions.
“Though imposition of a blanket ban seems to be the ideal solution, we are of the opinion that this court, at this point in time, is short of adequate data to decide whether or not a complete ban would be the best solution to solve the problem of environmental pollution, caused by bursting firecrackers,” the bench said in its October 29 order which was made available on Monday.
The bench referred to an October 15, 2025 order which had permitted the sale and bursting of green firecrackers in Delhi-NCR during Diwali with conditions aimed at balancing traditions with environmental and health concerns.
“The permission to burst firecrackers is granted on the same lines as passed by this court vide order dated October 15, 2025. Accordingly, the authorities shall ensure that bursting of firecrackers is allowed only between 6 AM-7 AM and 8 PM-10 PM on November 7 & 8, 2026,” the bench said.
It made clear that the complete ban on firecrackers, as imposed earlier, shall be restored with effect from November 9.
The bench passed the order on applications filed in a matter concerning the ban on firecrackers.
The top court directed that there shall not be any bursting of fireworks within a 300-metre radius of hospitals, nursing homes, primary and district health centres, old-age homes and any notified silence zones.
It said these areas will be declared as ‘no-cracker zones’ and shall be marked on the ground and published.
“The same restriction shall also be applicable to educational institutions. All necessary efforts will have to be made to ensure due compliance as endeavours should be made not to cause any inconvenience to those who are suffering from ailments,” it said.
The bench also passed directions regarding firecracker manufacturers and traders.
“The firecracker and fireworks manufacturers who possess valid certification for the green crackers, as certified by the CSIR-NEERI, as well as PESO (Petroleum and Explosives Safety Organization), are permitted to manufacture only those green crackers that have been uploaded on the website of CSIR-NEERI from November 2, 2026 to November 6, 2026,” it said.
The top court said boxes containing green crackers must be completely sealed to ensure that they are not mixed with unauthorised or conventional firecrackers.
It said there shall be no manufacture or sale of firecrackers joined in series (‘ladis’) and garlands.
The bench reiterated that use of firecrackers with Barium and those not approved by CSIR-NEERI (National Environmental Engineering Research Institute) as green crackers shall not be permitted.
It said there shall be sale of only those green firecrackers that carry product-specific QR codes, which upon scanning should show the manufacturer, NEERI registration, PESO/ DM Licence, formulation and test certificate.
“The licences of traders that have been cancelled shall be restored for a temporary period commencing from November 4, 2026 to November 6, 2026, to facilitate the sale of approved green crackers purchased from CSIR-NEERI certified manufacturers,” the bench said.
It directed the concerned authorities to mandate all manufacturers and traders of firecrackers in Delhi-NCR to furnish a monetary security, as determined by them.
It said the security deposit shall immediately stand forfeited, in case any manufacturer or trader of firecrackers violates any directions passed by the court and the regulations.
The bench said district collectors/ commissioners, in consultation with police, shall identify and designate locations in NCR to facilitate sale of green crackers.
“The sale of firecrackers shall be strictly prohibited in any other location, other than the designated ones, including sale through online platforms,” it said.
It said steps have to be taken to stop the flow of illegal and conventional firecrackers and the concerned authorities will have to check vehicles entering Delhi-NCR and take appropriate actions.
The bench said the Central Pollution Control Board (CPCB), in consultation with the State Pollution Control Boards and their respective regional offices within the districts coming under the NCR, shall monitor the AQI readings in their respective jurisdictions and prepare reports.
It said the reports be prepared specifying the air quality of each day from November 2 to November 6 and on November 7 and 8.
The bench said a report be also prepared specifying the air quality of each day from November 9 to November 30.
“Samples of sand and water shall also be collected during the aforesaid period in order to do a comparative analysis,” it said.
It said secretaries of concerned education departments of states falling within the NCR would take adequate steps to sensitise children studying in schools on the impact of pollution, especially during the festival times.
It posted the matter for hearing on December 16.
(PTI News)
