Kiran Raj

The Supreme Court Division Bench of Chief Justice B.R. Gavai and Justice K. Vinod Chandran permitted the restricted sale and use of certified green crackers in the National Capital Region during Diwali, holding that commercial interests and festive celebrations cannot take precedence over public health and environmental protection. Acknowledging that bursting firecrackers is a long-standing part of India’s cultural and religious traditions, the Court observed that such practices, though symbolic of joy and festivity, cannot justify activities harmful to health or the environment. Allowing NEERI-approved and PESO-licensed green crackers to be sold only between October 18 and 20, 2025, the Bench directed rigorous oversight by pollution control boards and local authorities, clarifying that the relaxation is temporary and purely experimental.

The case concerned the continuing issue of environmental pollution caused by the manufacture and use of firecrackers in the National Capital Region. The matter arose in proceedings involving the balance between the right to livelihood of those engaged in the firecracker industry and the right to health and life of the public. The dispute stemmed from the complete ban imposed by the Government of the National Capital Territory of Delhi on the manufacture and sale of firecrackers from mid-October 2024 to early January 2025, which had been upheld by the Court.

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The petitioners, representing manufacturers, traders, and workmen, sought relaxation of the ban, contending that the introduction of “green crackers” — products designed by the National Environmental Engineering Research Institute (NEERI) to reduce emissions by 30% to 80% — warranted reconsideration. The Union of India and the Government of Delhi supported a conditional relaxation subject to regulatory safeguards. The Amicus Curiae opposed any relaxation, warning of potential deterioration in air quality and inadequate enforcement mechanisms.

Reports from the Commission for Air Quality Management (CAQM), the Petroleum and Explosives Safety Organisation (PESO), and NEERI detailed that green crackers had replaced harmful chemicals such as barium with strontium and potassium and were subject to registration and testing protocols. Reference was made to earlier directions issued in Arjun Gopal v. Union of India and in prior orders under M.C. Mehta v. Union of India, where the Court had imposed restrictions and temporary bans on fireworks to address rising air pollution. The statutory framework involved the Explosives Act and Rules, the functions of pollution control boards, and the oversight responsibilities of district administrations within NCR.

The Court recorded that “aggravated environmental pollution resulting in serious health hazards is pitted against the right to life and the right to carry on a profession.” It observed that while bursting firecrackers is embedded in India’s cultural milieu, “that cannot lead to a situation of causing long term or even short term damage to health by an uncontrolled use, based only on traditions and cultural or religious norms.”

Referring to its prior rulings, the Bench stated that “the commercial considerations and the festive spirit should take a back seat when it concerns the environment and health.” The Court recalled that the deleterious impact of fireworks had been long recognised, noting previous findings that the rampant use of firecrackers during festivals caused severe deterioration in air quality, with particulate matter far exceeding permissible limits.

Reviewing the evolution of environmental regulation on fireworks, the Court observed that “NEERI has developed compositions of green crackers that cut particulate emissions by a minimum of 30 percent but ranging up to 80% while maintaining brightness, safety, and shelf-life.” It recorded that NEERI and PESO had created a registration system to verify licensed manufacturers and prevent misuse of QR codes identifying approved products.

The Court noted that both the Union and Delhi Governments supported a conditional relaxation “but with strict compliance of the norms laid down by this Court.” It further recorded the concern of the Amicus Curiae that “the situation may become uncontrollable and revert to the earlier times when Delhi reeled under the effect of smog and soot.”

Acknowledging the competing interests, the Bench stated that “we have to take a balanced approach, taking into account the conflicting interests and permit in moderation, while not compromising the environmental concerns arising.”

The Court ordered: “In that view of the matter, as a temporary measure, we propose to follow the approach adopted by this Court in the year 2018 in Arjun Gopal. We, therefore, issue the following directions.” It directed that “the sale of green crackers as uploaded on the website of NEERI shall be permitted commencing from 18.10.2025 and continuing only till 20.10.2025.” The sale was restricted “only from the designated locations in the entire National Capital Region which shall be identified by the District Collectors/Commissioners in consultation with the District Superintendent of Police and given wide publicity.”

“The police authorities, in consultation with the district administration shall constitute patrolling teams to keep a vigil on the designated locations of sale.” The patrol teams were to ensure that “only the permitted products shall be sold and that too having the QR Codes issued.” On violations, “the responsibility shall attach to those involved in manufacturing or sale of prohibited products who shall not only be penalised but also their licence/registration from PESO or with NEERI shall stand cancelled.”

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“Use of firecrackers shall be confined between 6:00 AM to 7:00 AM and 8:00 PM to 10:00 PM on the two days i.e., the one before and on the Diwali day.” The sale shall be only through licensed traders” and that “any firecracker seized which are not manufactured by the registered/licensed manufacturers shall be immediately confiscated.” The Bench prohibited “firecrackers allowed into the NCR region from outside the said region,” and stated that “the use of firecrackers with Barium and those not approved by the NEERI as green cracker shall not be permitted.” It also ruled that “there shall be no manufacture or sale of firecrackers joined in series (laris)” and “no sale or purchase of firecrackers through e-commerce networks.”

“The licences of traders, expired or cancelled after the ban was introduced shall be renewed for the period stipulated by the statutory authorities. “The Central and State Pollution Control Boards to monitor the air quality index in their respective jurisdictions starting from 14.10.2025 till 25.10.2025 and file a report before this Court. We make it clear that the relaxation is only on a test case basis and the same shall be only for the period specified.”

“The present IAs are directed to be listed after three weeks from the date of this order for further directions. The Registry shall forward this order to the District Collectors of all the Districts coming within the NCR.”

Advocates Representing the Parties

For the Petitioners: Mr. K. Parameshwar, Senior Counsel
For the Respondents: Mr. Tushar Mehta, Solicitor General; Ms. Aishwarya Bhati, Additional Solicitor General; Mr. Aditya Sondhi, Senior Counsel for the Government of NCT of Delhi; Ms. Uttara Babar, Amicus Curiae

Case Title: M.C. Mehta v. Union of India & Ors.
Case Number: I.A. Nos. 208841, 208905 & 206552 of 2025 in Writ Petition (Civil) No. 13029 of 1985
Bench: Chief Justice B.R. Gavai, Justice K. Vinod Chandran