Can the green crackers succeed where bans fail?

The Supreme Court’s orders curbing pollution due to firecrackers have exposed a gap between judicial restrictions and their enforcement. Every year the Air Quality Index (AQI) in the national capital increases to alarming levels, becoming more of a routine expectation during the holidays rather than an exceptional event.

On 29 October, the Supreme Court permitted the temporary manufacture and sale of certified green crackers with a caveat that they can only be used during specified hours on 7 and 8 November. A Hindustan Times investigation published within a week of that Order revealed that conventional and unauthorised crackers were being sold openly in Delhi. The Court took note of the report and directed Additional Solicitor General Aishwarya Bhati to look into the reported violations and ensure that the Court’s directions are complied with.

Why did the Court temporarily relax the complete ban?

The proceedings are part of Arjun Gopal v Union of India, where a public interest petition filed in 2015 on behalf of three children sought restrictions on firecrackers due to the impact on health and air quality. In October 2018, the Supreme Court attempted a regulated approach by permitting the production and sale of crackers with lower emissions, subject to restrictions on their composition, noise levels and use.

In December 2024, the Delhi government imposed a year-round ban on the manufacture, storage, sale and bursting of all firecrackers with effect from 1 January 2025. The Supreme Court directed the Uttar Pradesh and Haryana governments to impose similar restrictions in parts which are part of the National Capital Region.

In M.C. Mehta v. Union of India the Supreme Court suggested a balanced approach after citing the ban on mining in Bihar which led to illegal mining mafias. The Court directed that only manufacturers possessing a valid certification issued by the Council of Scientific and Industrial Research-National Environmental Engineering Research Institute (CSIR-NEERI) and the Petroleum and Explosives Safety Organisation (PESO) can manufacture green crackers, subject to an undertaking that they would not sell them “within the prohibited areas” until further orders.

On 15 October 2025, the Court permitted the sale of NEERI-approved green crackers and restricted their use to specified hours on the day before and on Diwali. 

What’s new in the latest order?

The Bench of Justices M.M. Sundresh and P.B. Varale in its 29 October order stated that it did not have enough data to ascertain if a total ban was the best way to deal with pollution, considering that the AQI had not improved. Importantly, the observation was in the context of there being an evidentiary gap, and not a conclusion that a ban was ineffective. 

The Bench took note of the sale of conventional crackers branded as green crackers even after the ban. The amicus curiae, Senior Advocate Uttara Babbar had provided a note that the AQI in the capital had spiked on the day of Dussehra and the day after despite a complete ban being in place. The Court said the sale of conventional crackers under the guise of green crackers “clearly indicates that the complete ban is not only facilitating the illegal sale of firecrackers, but also preventing people from purchasing legitimate Green Crackers and Next-Generation Joined Green Crackers”. The Court preferred a temporary regulation instead of maintaining the complete ban.

Manufacturers were permitted to make crackers between 2 and 6 November, provided they possess a valid CSIR-NEERI and PESO certification. Sales will be permitted between 4 and 6 November at designated venues through licensed vendors. Traders’ licences that had been cancelled would be temporarily restored from 4 to 6 November to enable the sale.

Crackers must be sealed with a product-specific, non-transferable QR code with details of the manufacturer, NEERI registration, PESO or District Magistrate licence, formulation and test certificate. Conventional crackers, commonly known as laris, and firecrackers containing barium or not approved by CSIR-NEERI remain prohibited. Online sale has been banned and authorities should ensure that illegal crackers do not find their way into the NCR.

On 7 and 8 November, bursting is allowed only from 6 a.m. to 7 a.m. and 8 p.m. to 10 p.m. No fireworks will be burst within 300 metres of hospitals, nursing homes, health centres, old-age homes, educational institutions and notified silence zones. A complete ban will be re-imposed on 9 November.

Why is enforcement the key issue?

The Hindustan Times report revealed conventional firecrackers being openly displayed in markets such as Chandni Chowk, Sadar Bazaar, Shastri Nagar, Sarojini Nagar and New Friends Colony. Further, several boxes did not bear any QR codes, with some leading to online catalogues instead of displaying verification details of the product. Justice Sundresh asked Bhati to look into the report, stating that licensed and unlicensed crackers with and without QR codes seemed to be available in the market.

Reactions to the order reflected the difficulty of satisfying either side. Environmental activist Bhavreen Kandhari said that repeated relaxations had failed to prevent the use of conventional crackers. “Unless there is a blanket ban on firecrackers, people will burst all types of firecrackers in the city,” she said. Questioning whether genuine green crackers were available and who would verify what people were actually bursting, she warned: “The air will be toxic again after Deepavali.” In an article published on 4 November, Kandhari argued that recurring violations made it inadequate for authorities to rely on directions and advisories alone.

Rajiv Kumar Jain of the Delhi Fireworks Traders Association said traders had to get their suspended licences restored and would have only 4 to 6 November to sell. “That leaves us only one day to get the firecrackers from the manufacturers, which is very difficult,” he said. Another report found sellers offering conventional crackers before the authorised window opened.

How can the environmental impact be measured?

The issue concerns two different exercises: certification of firecrackers and the cumulative impact of such firecrackers. While green crackers are supposed to have lower emissions, they are not necessarily pollution-free. 

The 29 October order directs the Central Pollution Control Board, in consultation with State pollution-control boards, to monitor AQI before, during and after Diwali. The authorities should take sand and water samples for comparison and report on enforcement action taken, including prosecutions. They must submit an affidavit indicating any increase in patient admissions at hospitals and health centres across Delhi-NCR until 30 November. The reports are due on 14 December, and the applications are listed for further compliance on 16 December.

What does the order say about religious freedom?

A separate issue before the Bench concerned arguments that bursting firecrackers was part of Diwali celebrations. 

The Bench said that the right to practise, profess and propagate religion under Article 25(1) is subject to public order, morality, health and the other provisions of Part III of the Constitution. A practice with religious connotation is still subject to those constitutional limitations. 

The hearing in December will give the Court a chance to weigh the reliability of the data on air quality, health effects and enforcement. The Court has shifted from prohibition to conditional permission because the public authorities did not comply with its earlier directions. How well this regulatory turn goes will depend on the public authorities’ ability to make its safeguards work on the ground.