Uncontrolled Use Of Firecrackers Can’t Be Justified By Tradition Or Religion, Says Supreme Court — Allows Limited Use Of Green Crackers In NCR

Uncontrolled Use Of Firecrackers Can’t Be Justified By Tradition Or Religion, Says Supreme Court — Allows Limited Use Of Green Crackers In NCR

While permitting the limited use of green firecrackers in the National Capital Region (NCR) for Diwali, the Supreme Court held that public health and environmental protection must prevail over commercial interests or religious traditions when regulating firecracker use.

Recognizing that bursting firecrackers is an integral part of India’s cultural and religious heritage, the Court nevertheless emphasized that tradition cannot justify actions that endanger health or the environment.

“The commercial considerations and festive spirit should take a back seat when it concerns the environment and health,” observed a Bench of Chief Justice of India BR Gavai and Justice K Vinod Chandran, while modifying the blanket ban on firecrackers in the NCR.

Under the Court’s directions, sale of green crackers will be allowed from October 18 to October 20, 2025, and their use permitted on October 19 and 20 during 6 AM–7 AM and 8 PM–10 PM. Authorities have been instructed to closely monitor compliance and prevent the use of unauthorized or banned firecrackers.

The Court reiterated that while firecrackers symbolize celebration and joy, citizens’ right to life and clean air must take precedence.

“Bursting firecrackers enhances the festive spirit and forms part of India’s cultural milieu,” the Bench noted, “but such practices cannot be allowed to cause short-term or long-term harm to public health, based solely on tradition or religious norms.”

The judges underscored the need to balance the livelihood concerns of those engaged in the firecracker industry with the constitutional right to health, especially of vulnerable groups such as children, the elderly, and the ailing, who are disproportionately affected by rising air pollution.

The Court also took note of reports indicating that illegal sale and smuggling of conventional firecrackers continue during festivals, resulting in higher levels of toxic emissions than the “green crackers” designed to reduce environmental impact.

“We must adopt a balanced approach—allowing moderation while not compromising on environmental safety,” the Bench remarked.

Addressing submissions from the States of Haryana, Uttar Pradesh, and Rajasthan, which expressed concerns that the restrictions cover large parts of their territories, the Court acknowledged their practical difficulties. Haryana, for instance, pointed out that 14 out of its 22 districts fall within the NCR and are thus affected by the prohibitions.

Even so, the Bench made it clear that environmental protection and health will remain the overriding priority, stating that the problem largely stems from “rampant, uninformed use by the general public” and highlighting the need for awareness and responsible celebration.

The ruling seeks to strike equilibrium between citizens’ right to celebrate festivals and the State’s obligation to safeguard public health and the environment.

Case Title: M.C. Mehta v. Union of India, W.P. (C) No. 13029/1985

 

 

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