NEW DELHI — The Supreme Court on Monday permitted the bursting of green firecrackers in Delhi-NCR on November 7 and 8 during two specified time slots, refusing to impose a complete ban on the practice ahead of Diwali.
A bench of Justices M M Sundresh and Prasanna B Varale allowed green crackers to be burst between 6am and 7am and between 8pm and 10pm, acknowledging the festival's religious, social, psychological and emotional significance for people. However, the court stressed that the right to engage in such a practice, which may have a religious colour, is qualified and not exempt from restrictions allowed by the Constitution.
"Allowing the environment to degrade, which results in a health hazard to all living beings, defeats the very purpose of the festivities," the bench said, noting that bursting firecrackers contributes enormously to pollution in Delhi-NCR.
While the court declined a complete ban, stating it was short of adequate data to decide whether a full prohibition would be the best solution to environmental pollution, it maintained restrictions on the manufacture and sale of crackers in the national capital after Diwali. The sale of firecrackers shall be strictly prohibited in any location other than designated ones, and online sale is banned.
District collectors and commissioners, in consultation with superintendents of police, were directed to identify and designate locations for the sale of green crackers. All manufacturers and traders of firecrackers in Delhi-NCR must furnish a monetary security, which will stand forfeited if any violates the court's directions. The use of firecrackers joined in series — known as "ladis" — and garlands is prohibited, as is the use of firecrackers with barium and those not approved by CSIR-NEERI as green crackers.
The bench directed police and administration to ensure polluting crackers remain out of bounds for people and to take punitive action against those dealing in such crackers. It also noted that children, disabled and elderly people constitute the most vulnerable groups affected by the pollution.
"The right to practice, profess and propagate religion conferred under Article 25(1) of the Constitution is certainly subject to public order, morality, health and other provisions of Part III of the Constitution," the bench said. "This court has repeatedly held that 'right to life' envisaged under Article 21 of the Constitution includes the right to a healthy, safe and pollution-free environment."
The order came as a compromise between cultural practice and environmental concerns, with the court emphasizing that the designated time slots and green cracker restrictions aim to mitigate pollution while allowing the festival to be observed.
