SC warns NCR states over lax enforcement of firecracker ban

New Delhi: The Supreme Court issued a stern directive on Tuesday to the governments of Uttar Pradesh, Rajasthan, and Haryana, instructing them to rigorously implement the ban on firecrackers in areas within the National Capital Region (NCR). The court cautioned that failure to do so could invite contempt proceedings.

A bench comprising Justices Abhay S Oka and Ujjal Bhuyan mandated that the states issue directions under Section 5 of the Environment Protection Act (EPA), effectively prohibiting the manufacture, sale, storage, and online delivery of all types of firecrackers in NCR areas.

“The directions issued by this court as well as those under the EPA must be carried out using the entire enforcement machinery available to the states,” the bench stated. It stressed that the ban should not only be announced but also widely publicised to inform citizens of the penalties involved.

In a clear warning, the bench said, “We also make it clear that in case of any failure on the part of the officials of these governments and other entities to implement the directions issued by the court, action under the Contempt of Courts Act, 1971 may be taken.”

The court directed the concerned states to submit detailed compliance affidavits and ensure public awareness of the firecracker restrictions and legal consequences.

The matter stems from a long-pending public interest litigation filed by environmentalist M C Mehta in 1985, which seeks measures to combat air pollution in Delhi and its surrounding regions.

Earlier, on April 3, the Supreme Court had declined to reconsider the existing ban on firecrackers in the Delhi-NCR region, citing persistently poor air quality. The court observed that people working outdoors were especially vulnerable to pollution and lacked access to protective devices such as air purifiers.

“The damage caused by air pollution impacts those who cannot afford alternatives,” the bench noted, rejecting any relaxation even for so-called green crackers unless it could be conclusively proven that they caused minimal harm.

The court reiterated that limiting restrictions to festivals like Diwali would be ineffective, as firecrackers could still be stockpiled in advance. “The efficacy of the ban depends on consistent action by all NCR states,” the bench remarked.

The Delhi government has already imposed a year-round ban, while Rajasthan has applied similar curbs in its NCR districts. The apex court reiterated that Uttar Pradesh and Haryana must enforce equivalent measures without delay.