New Delhi: The Supreme Court has permitted the bursting of certified green firecrackers in Delhi-NCR for two days during Deepavali, while observing that fireworks constitute a religious practice but must remain subject to constitutional restrictions concerning public health and environmental protection.
A Bench comprising Justices M.M. Sundresh and Prasanna B. Varale allowed the bursting of green crackers between 6 am and 7 am and 8 pm and 10 pm on November 7 and 8.
In its 23-page order, the court said the bursting of firecrackers during Deepavali was associated with religious sentiments but could cause severe air and noise pollution, besides generating solid waste. It particularly highlighted the risks posed to children, persons with disabilities and the elderly.
The Bench emphasised that the right to practise, profess and propagate religion under Article 25(1) of the Constitution was subject to public order, morality and health. It also noted that the right to life under Article 21 encompassed the right to a healthy and pollution-free environment.
The court further directed that no fireworks would be permitted within a 300-metre radius of hospitals, nursing homes, healthcare centres, old age homes, educational institutions and notified silence zones. These areas would be declared no-cracker zones and appropriately marked and publicised.
Questioning the enforcement of its earlier directions, the Bench observed that authorities had failed to effectively implement restrictions on firecrackers issued since 2015. It noted that a complete ban had encouraged illegal sales while preventing consumers from purchasing authorised green crackers.
The court also observed that Deepavali had evolved into a national and international festival, celebrated across communities. Referring to ancient Hindu scriptures, including the Skanda Purana and Padma Purana, it noted that the traditional celebration primarily involved lighting lamps, while the use of firecrackers became prevalent following the introduction of gunpowder in India.
As part of its directions, the court permitted only manufacturers certified by the Council of Scientific and Industrial Research-National Environmental Engineering Research Institute (CSIR-NEERI) and the Petroleum and Explosives Safety Organisation (PESO) to manufacture green crackers between November 2 and 6.
It prohibited the manufacture and sale of series-connected firecrackers, commonly known as ‘ladis’, and directed that only products carrying specific QR codes could be sold. Crackers must be sold in sealed packaging without being mixed with conventional or unauthorised fireworks.
The court also ordered temporary restoration of cancelled licences of traders between November 4 and 6 and directed manufacturers and traders in Delhi-NCR to furnish monetary security in amounts determined by the authorities.
The Bench said religious celebrations should not come at the cost of environmental degradation and public health, stressing the need to balance religious sentiments with the fundamental rights of all citizens.
