Supreme Court allows manufacturing of green crackers in Delhi, but they can't be sold in National Capital Region

'While the fight against air pollution remains paramount, livelihood concerns of workers and practical enforcement challenges must also guide the final policy'

New Delhi: The Supreme Court on Friday allowed the manufacturing of green firecrackers in Delhi, subject to the condition that they will not be sold in the National Capital Region (NCR).

A bench of Chief Justice of India BR Gavai, Justices K Vinod Chandran and N V Anjaria permitted the certified manufacturers of green crackers, who have the permits from the NEERI and the PESO, to manufacture green crackers in Delhi-NCR, subject to the condition that they will not be sold in the NCR.

The bench emphasised that while the fight against toxic air pollution remains paramount, livelihood concerns of workers and practical enforcement challenges must also guide the final policy.

"In the meantime, we permit the manufacturers who are having the certification of green crackers, as certified by the NEERI as well as PESO, to manufacture. However, this will be subject to an undertaking by the manufacturers to this court that until further orders passed by this court, they would not sell any of their crackers in the prohibited areas,” the court said.

Before fixing the matter for hearing on October 8, the court directed the Centre to come up with a proposal on revising the absolute ban on the manufacture of firecrackers in Delhi-National Capital Region (NCR) after holding consultations with all stakeholders. 

The court was hearing the case related to air pollution in Delhi-NCR, including firecrackers and stubble burning.

During the hearing, the bench observed that a complete ban may not be practical and ideal. It said that it has been experienced that, in spite of there being a complete ban on crackers, the ban could not be implemented.

It gave an instance of Bihar saying that the complete ban on mining in that State had led to the rise of illegal mining mafias. It is necessary that a balanced approach be adopted, the bench said.

During the hearing, senior advocate Aparajita Singh, amicus curiae in the matter, told the court that there has to be a complete ban on firecrackers, including their manufacture, as allowing the manufacturing in NCR will eventually lead to their sale and use in the prohibited areas.

The counsels appearing for the manufacturers requested the court to allow manufacturing with strict conditions, and that they can declare the quantities on the websites and make all necessary declarations.

The bench then said, “What is the problem in allowing them to manufacture if they follow norms. There has to be a solution. Extreme orders will create problems... So let them manufacture and let there be no sale in NCR till further orders.”