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SC Asks Centre For ‘Concrete Proposal’ To Ensure Availability Of Green Firecrackers In Delhi-NCR Markets

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A bench led by Chief Justice of India (CJI) BR Gavai sought to strike a balance between environmental protection and the livelihoods of industry workers

The apex court stated that applications seeking to lift the existing ban on the sale of crackers can only be considered once a workable framework is in place to guarantee that only less-polluting versions reach consumers. (Representational image/AP)

The apex court stated that applications seeking to lift the existing ban on the sale of crackers can only be considered once a workable framework is in place to guarantee that only less-polluting versions reach consumers. (Representational image/AP)

The Supreme Court on Friday intensified its focus on air quality in the National Capital Region (NCR), directing the Centre to present a “concrete proposal” for exclusively ensuring the availability of green firecrackers in Delhi-NCR markets. The apex court stated that applications seeking to lift the existing ban on the sale of crackers can only be considered once a workable framework is in place to guarantee that only less-polluting versions reach consumers.

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Hearing pleas from fireworks traders challenging the blanket, year-round ban on the sale and use of firecrackers in the region, a bench led by Chief Justice of India (CJI) BR Gavai sought to strike a balance between environmental protection and the livelihoods of industry workers.

Context of the Ban and Court’s Rationale

The current scenario stems from a previous order that confirmed an “all-pervasive, permanent” ban on the sale, production, and manufacture of firecrackers in Delhi and NCR, a measure deemed necessary to protect citizens’ right to clean air amid alarming pollution levels.

However, recognising the ground reality, the court observed that a complete ban often fails implementation and can lead to illegal, unregulated trade. CJI Gavai noted that an extreme order could inadvertently create problems, referencing how a total ban on mining in Bihar led to the rise of illegal mafias.

Immediate Directive and Next Steps

While demanding the concrete proposal from the Union government, the court permitted certified manufacturers—those with permits from NEERI (National Environmental Engineering Research Institute) and PESO (Petroleum and Explosives Safety Organisation)—to manufacture green crackers. This permission, however, is subject to a strict undertaking that they will not sell any of their products in the prohibited Delhi-NCR area until further court orders.

The court has directed the Ministry of Environment, Forests and Climate Change to consult all stakeholders, including the Delhi government, manufacturers, and sellers, to devise a balanced, pan-India policy. The matter is posted for the next hearing on October 8, where the Centre’s proposal will be reviewed, potentially determining the fate of firecracker use in the capital during the upcoming festive season.

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