SC refuses to relax ban on firecrackers in Delhi-NCR

As air pollution levels had remained alarming for a considerable time during the year, the Supreme Court on Thursday refused to relax the ban on manufacture, storage and sale of firecrackers in Delhi-NCR.

“Not everybody can afford an air purifier at their residence or place of work to fight pollution,” a Bench of Justice Abhay S Oka and Justice Ujjal Bhuyan said, noting that a large section of the population worked on the streets and was worst affected by pollution.

“Several orders passed by this court during the last six months bring on record the horrible situation which prevailed in Delhi due to very high levels of air pollution…Right to health is an essential part of Article 21 of the Constitution; so is the right to live in a pollution-free atmosphere,” the Bench said.

Amid continuing air pollution crisis, the Supreme Court had on December 19, 2024 ordered a complete ban on firecrackers in Delhi-NCR until further orders. Earlier, such a ban used to be in place only around Diwali and New Year.

Unless the court was satisfied that the pollution due to the “so-called” green crackers was bare minimum, there was no question of reconsidering the previous orders, it said on Thursday.

The orders passed from time to time would indicate that the directions and ban on the use of firecrackers was warranted by an “extraordinary situation” created in Delhi, it added.

Delhi