Supreme Court allows use of ‘green’ firecrackers on Diwali

Delhi-NCR is set to have a cracker of a Diwali this year — quite literally. The Supreme Court on Wednesday permitted the sale and bursting of green firecrackers in Delhi-NCR between October 18 and 20 — it had indicated it would do so on Friday, but issued the order and also explained the nuances on Wednesday — calling the decision a “balanced approach” aimed at reconciling the right to livelihood and the right to clean air.

While the sale of firecrackers has been allowed between October 18 and 20, “use of firecrackers shall be confined between 6am and 7am and 8pm and 10pm on the two days i.e., the one before and on Diwali day,” ordered the top court. The court, however, made it clear that the relaxation was “on a test case basis” and subject to strict enforcement and environmental monitoring.

The court order signals a major shift from absolute prohibition to conditional regulation, while leaving open the question of whether Delhi-NCR can truly celebrate a green Diwali without turning the air grey. To be sure, experts have explained that no cracker is truly green.

Delhi chief minister Rekha Gupta welcomed the decision, which she said “not only honours public sentiment but also sends out a powerful message of environmental responsibility.”

Issuing a detailed order on a bunch of pleas made by firecracker manufacturers seeking a relaxation of the ban, a bench of Chief Justice of India (CJI) Bhushan R Gavai and justice K Vinod Chandran said it was “called upon to balance the interests of both the industry and the health of the general public, especially the aged, the ill and the infants, on whom the debilitating effect of pollution would be more pronounced.”

Aggravated environmental pollution resulting in serious health hazards is pitted against the right to life and the right to carry on a profession, held the bench, adding that bursting firecrackers is also an “expression of the festive spirit embedded in India’s cultural milieu”.

Noting that a total ban had not ended the use of conventional firecrackers, which are often smuggled into NCR and cause greater harm, the bench said it had to take a “balanced approach, taking into account conflicting interests and permitting celebrations in moderation while not compromising on environmental concerns.”

In its order, the bench directed that only NEERI-approved green crackers, designed to emit 30% less particulate matter and harmful gases, will be permitted. The court directed that their sale will be allowed only through licensed traders at designated outlets identified by district collectors and police chiefs. Crackers containing barium and series crackers (commonly called laris) will remain banned. Online sale of firecrackers through platforms such as Amazon or Flipkart will also continue to be prohibited.

The bench ordered that enforcement teams comprising officials from the police and pollution control boards of Delhi, Haryana, Uttar Pradesh and Rajasthan be formed to ensure strict compliance. These teams will conduct inspections, seize unauthorised stock and send random samples to the Petroleum and Explosives Safety Organisation (PESO) for testing. Traders whose licences had lapsed or were suspended last year may apply for temporary renewals to enable the sale of authorised green crackers during the four-day window.

In addition, the central and state pollution control boards were asked to monitor Delhi-NCR’s air quality index (AQI) and submit reports on sand and water quality from areas where crackers are usually burst. The monitoring will take place till October 25 to assess the impact of the relaxation.

Wednesday’s order builds upon a hearing last week, when the court had said it was inclined to permit firecrackers during Diwali on a trial basis, even as environmental experts and the court-appointed amicus, senior advocate Uttara Babbar, cautioned that enforcement remains a challenge. At the time, Solicitor General Tushar Mehta, appearing for the Centre, had submitted a detailed proposal for allowing the sale and bursting of firecrackers in Delhi-NCR), subject to conditions and regulatory oversight.

While issuing these directions on Wednesday, the bench said that its decision sought to strike a “delicate balance” between the right to celebrate festivals and the right to breathe clean air.

“Aggravated environmental pollution resulting in serious health hazards is pitted against the right to life and the right to carry on a profession,” maintained the bench, adding that the court had “desisted and suppressed any instinct” to completely lift the ban.

The court acknowledged that the governments of Delhi, Haryana, Uttar Pradesh and Rajasthan had all sought a limited relaxation during the festive season. It also noted that air quality levels had shown no significant improvement between 2018 and 2024 despite recurring bans, barring the pandemic period when air quality drastically improved due to lockdown restrictions.

Recalling its 2018 judgment in the Arjun Gopal case, which had introduced the concept of green firecrackers and allowed community fireworks, the court said that over the last six years these products had “substantially reduced emissions,” with NEERI playing a key role in developing cleaner formulations.

Cautioning that the order should not be seen as a precedent for unrestricted celebrations, the court reiterated that “commercial considerations and the festive spirit should take a back seat when it concerns the environment and health.”

The bench directed that the order be circulated among all district collectors in NCR and said the matter would be listed again after three weeks for further directions, once reports from the pollution control authorities are submitted.

The court’s reversal comes barely six months after another bench led by justice Abhay S Oka reaffirmed Delhi’s firecracker ban, extended to NCR states in April, while insisting there was no scope for relaxation unless the green firecrackers caused “bare minimum” pollution. However, the Wednesday order by the CJI-led bench underlined that it found it appropriate to follow the approach adopted by the court in its 2018 order, especially since the central and Delhi governments have now sought relaxation of the ban during the festival period.

Experts warned that authorities would have to implement all aspects of the Supreme Court’s order to snuff out pollution.

Mukesh Khare, an IIT Delhi professor and air pollution expert, said that even as opting for “green” firecrackers was sound on paper, few people know about the variety.

“People need to first be made aware of the difference between green firecrackers and conventional ones. Most people will not care about the difference and thus, not report non-green firecrackers. Overall, it is not an effective decision and such firecrackers - though marginally less polluting, will still lead to a spike in pollution.” Khare said.

Sunil Dahiya, founder and lead analyst at the think-tank Envirocatalysts said legalising the manufacturing and bursting of green crackers was effectively legalising heightened emissions during the festive period.

“While each individual green cracker may produce 30% less pollution, this marginal gain will be entirely negated by the sheer volume of firecrackers being burst. The overall result is expected to be a net increase in emissions, making this a counterproductive measure. The only silver lining for air quality is that Diwali falls earlier in October this year, compared to previous years. Meteorological conditions during this period, such as better wind speed, might aid in the dispersion of pollutants,” Dahiya said.

The state’s governing Bharatiya Janata Party (BJP) and opposition Aam Aadmi Party (AAP) both welcomed the order.

“Delhi’s air quality has improved compared to previous years and efforts to curb pollution are being continuously strengthened. All systems related to air quality monitoring, traffic management, and enforcement will remain fully active during Diwali to ensure a clean and safe environment,” said chief minister Gupta.

Senior AAP leader and former Delhi environment minister Gopal Rai said the government must ensure strict compliance with the Court’s directives to protect residents.

“In 2018, similar permission for green crackers was granted, but due to lax enforcement by the police, the National Green Tribunal (NGT) was compelled to impose a complete ban in 2020. Now that Delhi has a four-engine BJP government, we expect it to strictly implement the Supreme Court’s orders on green crackers,” Rai said.