Supreme Court Orders Center to Develop Green Cracker Regulation
NEW DELHI: In light of last Diwali’s open violations of its ban on firecrackers in Delhi and the National Capital Region (NCR), the Supreme Court of India ordered the Central Government on Friday to create a mechanism by October 8 to regulate the production and sale of only “green crackers.”
A bench consisting of Chief Justice B R Gavai and Justices K Vinod Chandran and N V Anjaria stated that if the existing ban on the bursting of crackers in Delhi NCR could not be effectively enforced, it would be prudent to permit the sale of green crackers that meet standards set by the National Environmental Engineering Research Institute (NEERI) and the Petroleum and Explosives Safety Organization (PESO).
Advocates representing firecracker manufacturers argued for the resumption of green cracker production, highlighting that many workers are currently jobless. The Union government, through additional solicitor general Aishwarya Bhati, did not advocate for a ban on green crackers.
Amicus curiae Aparajita Singh pointed out that enforcement of existing regulations has been inadequate. She noted instances where licensed green cracker manufacturers sold labels to those making harmful, non-green crackers that emit noxious gases detrimental to the health of vulnerable populations, including infants and the elderly.
The Chief Justice remarked, “As experienced, the Supreme Court’s order imposing a complete ban on bursting of crackers could not be enforced. In a similar past case involving a mining ban, illegal operations persisted.” He indicated that a balanced approach is necessary to safeguard both air quality and employment for workers in the cracker industry.
The bench directed Bhati to inform the Ministry of Environment and Forest to convene a meeting with all relevant stakeholders and consult Singh in developing a plan to enforce a green cracker-only rule for the Delhi and NCR region. This area is frequently shrouded in smog from Diwali through the winter months, largely due to crop residue burning in neighboring states, including Punjab, Haryana, and Uttar Pradesh.
The Supreme Court has permitted manufacturers to begin production of green crackers, pending adherence to the standards established by NEERI and PESO, but has temporarily barred their sale in Delhi-NCR. Further decisions regarding the sale of these crackers will be made on October 8.
The Commission for Air Quality Management (CAQM) informed the court that there are considerable gaps in existing monitoring and enforcement procedures. It emphasized the necessity of a rigorous and transparent year-round enforcement mechanism to oversee the manufacturing, distribution, and sale of firecrackers, including random inspections by PESO to ensure compliance with established standards.
NEERI supported the idea of allowing green crackers across India based on the air quality conditions of various cities and regions. It indicated that the sales of non-green fireworks should be strictly controlled by PESO. NEERI also provided a list of approved green firework manufacturers on its website, noting that any manufacturer not included must be producing non-green, illegal crackers, which require strict monitoring by regulatory authorities.
