In a major interim relief ahead of Diwali, the Supreme Court on Wednesday (October 15) partially lifted the year-long prohibition on firecrackers in the National Capital Region (NCR), permitting the use of green crackers under strict regulation. The relaxation will remain effective for a limited period surrounding the festival.

The Bench of Chief Justice of India BR Gavai and Justice K Vinod Chandran, while hearing the long-standing MC Mehta v. Union of India [W.P. (C) 13029/1985] matter concerning NCR’s air quality, stated that the temporary measure would follow the precedent set in Arjun Gopal v. Union of India (2018), which had permitted only green crackers subject to specific safeguards.

Court Directions

1. Sale and bursting of NEERI-approved green crackers are allowed from October 18 to 21, 2025.

2. Crackers can only be sold from designated locations identified by District Collectors/Commissioners in consultation with the police.

3. Patrolling teams must monitor sale points, ensure only QR-coded green crackers are sold, conduct random checks, and take action against violators, including cancellation of licenses.

4. E-commerce sale of firecrackers remains strictly prohibited.

5. Firecrackers can be used only between 6–7 AM and 8–10 PM on the day before Diwali and Diwali day itself.

6. Crackers not produced by registered and licensed manufacturers will be seized immediately.

7. No inflow of firecrackers from outside NCR will be allowed.

8. CPCB and State Pollution Control Boards must monitor air quality from October 14–21, 2025, collect air, water, and soil samples, and submit reports to the Court.

The order modifies the earlier April 3 blanket ban, which had prohibited even green crackers throughout the year. Several petitions were filed thereafter seeking a recall of that sweeping restriction.

Solicitor General Tushar Mehta, appearing for the Centre, urged that citizens be allowed to celebrate festivals responsibly with eco-friendly crackers during Diwali, Christmas, New Year’s Eve, and Gurupurab, ensuring a balance between health and tradition.

Proposals submitted by Delhi NCR and Haryana governments included:

1. Only NEERI-approved green crackers to be permitted.

2. Joint crackers or laris to remain banned.

3. Sale restricted to licensed traders and approved manufacturers.

4. No online sale through e-commerce portals like Amazon or Flipkart.

5. Strict time slots — 8–10 PM for Diwali and other festivals; 11:55 PM–12:30 AM for Christmas/New Year; 4–5 AM and 9–10 PM for Gurpurab.

6. QR codes mandatory for all approved crackers.

7. Immediate seizure and license suspension for illegal manufacturing.

8. Regular inspection by PESO, NEERI, and State PCBs to detect banned chemicals such as barium, lithium, arsenic, antimony, lead, and mercury.

CJI Gavai also noted that since Diwali is celebrated in the morning (Narak Chaturdashi) in certain regions, corresponding timing exemptions might be required.

Amicus Curiae Aparajita Singh cautioned against fake green crackers falsely labeled as eco-friendly despite using toxic elements. Justice Chandran suggested random sampling and PESO checks to detect violations, noting that both the industry and marginalized workers were suffering due to the blanket ban.

The Bench indicated it may revisit the Arjun Gopal precedent, considering modifications suggested by the Centre and the amicus to better balance public health and cultural practices.

The CJI also sought data on air quality trends since 2018. The Solicitor General confirmed that except during the COVID-19 lockdowns, the AQI has shown little improvement. Singh further proposed introducing a “Green Cess” to discourage the purchase of polluting crackers.

Senior Advocate K. Parameshwar, representing firecracker manufacturers, requested limited permission to continue producing and selling green crackers under close supervision. He assured the Court of full transparency through online disclosure of manufacturing data.

Manufacturers contended that the April 3 order imposing a year-long ban conflicted with the 2018 Arjun Gopal ruling, which had allowed the regulated use of green crackers.

Citation: 2025 LiveLaw (SC)