SC asks why firecracker ban limited to Delhi-NCR, seeks pan-India policy

New Delhi: The Supreme Court on Thursday raised concerns over the uneven enforcement of firecracker restrictions, observing that the right to clean air should not be confined to residents of Delhi-NCR alone but extended across the country.

A bench led by Chief Justice B R Gavai, along with Justice K Vinod Chandran, made the remarks while hearing petitions relating to the regulation of firecrackers in the national capital region. “If cities in NCR are entitled to clean air, why not people of other cities? Whatever policy has to be there, it has to be on a pan-India basis. We cannot have a policy just for Delhi because they are elite citizens of the country,” the Chief Justice noted.

Citing personal experience, he added, “I was in Amritsar last winter and the pollution there was worse than in Delhi. If firecrackers are to be banned, they should be banned throughout the country.”

Senior advocate Aparajita Singh, appointed as amicus curiae, remarked, “The elites take care of themselves. They go out of Delhi when there’s pollution.” The bench directed Additional Solicitor General Aishwarya Bhati, representing the Centre, to obtain a detailed response from the Commission for Air Quality Management. Bhati informed the court that the National Environmental Engineering Research Institute (NEERI) was examining the scope of “green crackers” to mitigate air pollution.

Counsel for firecracker manufacturers proposed that NEERI specify permissible chemical formulations, which could then be incorporated into production. However, senior advocate K Parameshwar highlighted industry concerns, pointing out that existing licences were being cancelled alongside restrictions.

The bench ordered a status quo on the cancellation of licences and scheduled the matter for further hearing on September 22.