Bench sought stronger public awareness and pollution-control measures as Centre requested more time for consultations on barium use 
Legal

Not inclined to ban firecrackers completely, but enforce rules, says Supreme Court

Apex court warned that repeated directions would become meaningless unless authorities ensured strict implementation on the ground

The Supreme Court on Thursday said it was not inclined to impose a complete ban on firecrackers but warned that authorities must strictly enforce existing regulations, observing that repeated judicial directions would serve little purpose unless implemented effectively on the ground.

A bench of Justices M M Sundresh and Prasanna B Varale, hearing petitions concerning firecrackers and air pollution in Delhi-National Capital Region (NCR), emphasised that environmental protection required sustained administrative action rather than annual court interventions.

"It concerns every living being," the bench observed, underlining the wider consequences of air pollution on public health and the environment.

Additional Solicitor General Aishwarya Bhati, appearing for the Centre, informed the court about measures undertaken by the Delhi government and the Commission for Air Quality Management (CAQM) to tackle pollution.

"There is no point in passing orders and directions unless you give effect to them on the ground, otherwise, it becomes a mockery," the bench remarked.

๐—–๐—ผ๐˜‚๐—ฟ๐˜ ๐˜€๐—ฒ๐—ฒ๐—ธ๐˜€ ๐˜€๐˜๐—ฟ๐—ถ๐—ฐ๐˜ ๐—ฒ๐—ป๐—ณ๐—ผ๐—ฟ๐—ฐ๐—ฒ๐—บ๐—ฒ๐—ป๐˜

The bench said the matter should not be treated as an adversarial dispute and stressed that all stakeholders must cooperate to address the problem.

"You have to really regulate it. Every year we are trying to balance it out but unless there is cooperation from everyone, it can't be done," it observed.

Acknowledging the cultural and religious sentiments associated with fireworks, the court said it preferred regulation over an outright prohibition.

"We also understand the sentiments of the public. We are not inclined to completely ban but don't push us to take a very harsh stand," the bench told Bhati.

The judges stressed that officers responsible for enforcement must remain present on the ground to monitor violations and ensure compliance.

"Every year, we pass orders and it becomes academic. As the court, we try to balance it out but you also have to do something," the bench said.

The court also suggested involving prominent personalities, including sportspersons, in campaigns to educate people about the harmful effects of firecracker emissions.

๐——๐—ฒ๐—น๐—ต๐—ถ ๐—ผ๐˜‚๐˜๐—น๐—ถ๐—ป๐—ฒ๐˜€ ๐—ฝ๐—ผ๐—น๐—น๐˜‚๐˜๐—ถ๐—ผ๐—ป ๐—ฝ๐—น๐—ฎ๐—ป

Bhati informed the bench that the Delhi government had prepared an extensive action plan to address the annual deterioration in air quality.

"The Delhi government has made an extensive plan this year," she submitted.

According to the law officer, several measures would come into effect from November, including restrictions on older vehicles, regulation of construction and demolition activities, and staggered office timings.

"We are geared up to deal with the pollution season which unfortunately happens," Bhati said.

The bench reiterated that effective implementation of such measures was essential, particularly during the winter months when pollution levels typically worsen across Delhi-NCR.

๐—–๐—ฒ๐—ป๐˜๐—ฟ๐—ฒ ๐˜€๐—ฒ๐—ฒ๐—ธ๐˜€ ๐˜๐—ถ๐—บ๐—ฒ ๐—ผ๐—ป ๐—ฏ๐—ฎ๐—ฟ๐—ถ๐˜‚๐—บ

The Centre informed the Supreme Court that internal consultations concerning the use of barium in firecrackers were still underway.

Bhati sought three additional weeks to complete the exercise, submitting that the government had yet to finalise its position on the issue.

"On the Barium issue, our internal consultation is not complete," she said.

The bench agreed to consider the matter after three weeks.

The issue concerns the chemical composition of fireworks and efforts to reduce harmful emissions through alternative formulations.

๐—š๐—ฟ๐—ฒ๐—ฒ๐—ป ๐—ฐ๐—ฟ๐—ฎ๐—ฐ๐—ธ๐—ฒ๐—ฟ ๐—ฐ๐—น๐—ฎ๐—ถ๐—บ๐˜€ ๐—พ๐˜‚๐—ฒ๐˜€๐˜๐—ถ๐—ผ๐—ป๐—ฒ๐—ฑ

During the hearing, an advocate assisting the court as amicus curiae raised concerns about hazardous particulate matter released by firecrackers and its effects on human health.

She submitted that particulate matter generated by fireworks could enter the human body and damage the lungs and other organs.

Referring to Dussehra celebrations the previous week, she said Delhi-NCR had witnessed a rise in the Air Quality Index (AQI).

The amicus also questioned the effectiveness of existing mechanisms for verifying whether fireworks marketed as green crackers complied with prescribed environmental standards.

"There are a large number of reports which show that firecrackers were burnt last year in Delhi-NCR in the garb of being green crackers," she submitted.

Senior advocate Gopal Sankaranarayanan, appearing for petitioners seeking restrictions on manufacturing, argued that several earlier Supreme Court directions had been repeatedly violated.

He urged the bench to impose a ban on manufacturing firecrackers, while another advocate opposed a complete prohibition.

๐— ๐—ถ๐—ฑ๐—ฑ๐—น๐—ฒ ๐—ฝ๐—ฎ๐˜๐—ต ๐˜‚๐—ป๐—ฑ๐—ฒ๐—ฟ ๐—ฐ๐—ผ๐—ป๐˜€๐—ถ๐—ฑ๐—ฒ๐—ฟ๐—ฎ๐˜๐—ถ๐—ผ๐—ป

During an earlier hearing on September 30, the Supreme Court had indicated that it would neither impose an absolute prohibition nor permit unrestricted use of fireworks throughout the day.

The bench had suggested identifying specific hours during which firecrackers could be burst, balancing public sentiments with environmental and health concerns.

Bhati had subsequently submitted a proposal for limited and conditional relaxation concerning specified next-generation joined green crackers recommended by the Council of Scientific and Industrial Research-National Environmental Engineering Research Institute (CSIR-NEERI).

These newly formulated linked fireworks are designed to reduce emissions through modified chemical compositions, including reduced barium salts.

The proposal stated that such crackers should be manufactured only by licensed producers, comply with prescribed emission and safety standards, and meet noise limits of 125 dB(AI) and 145 dB(C) peak.

It also stipulated that the products must not contain prohibited chemicals.

In October last year, the Supreme Court had conditionally permitted the sale and use of green firecrackers in Delhi-NCR during specified hours around Diwali.

The relaxation was granted on a limited test-case basis, with the court making clear that it would apply only for the prescribed period.

The bench is currently hearing two petitions, including a suo motu case covering air pollution, stubble burning, solid waste management and firecrackers, alongside a separate plea seeking a ban on firecracker manufacturing.