SC allows sale, bursting of green crackers for Diwali in Delhi-NCR

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The Supreme Court on Wednesday relaxed its blanket ban on firecrackers in the National Capital Region (NCR) and permitted the limited use of certified green crackers ahead of Diwali. The court ruled that the sale of National Environmental Engineering Research Institute (NEERI)-approved green crackers will be allowed for a three-day window, from October 18 to 20.

 

District authorities will identify and notify designated sale locations, and only licensed vendors will be permitted to operate. Every product sold must carry a quick response code to ensure traceability, the court directed. The use of firecrackers has been strictly limited to specific time slots.

 

Bursting will be allowed between 6–7 am and 8–10 pm on the day before and on Diwali. Only crackers approved by NEERI and licensed through the Petroleum & Explosives Safety Organization will be permitted; any non-compliant stock will be seized immediately.

 

The Bench, comprising Chief Justice of India B R Gavai and Justice K Vinod Chandran, allowed the relaxation as a temporary measure, aligning its directions with the 2018 precedent in the Arjun Gopal versus Union of India case. The order comes months after an April directive imposing a year-long prohibition on the manufacture, sale, and use of all types of crackers, including green variants.

 

The court clarified that the relaxation is on a ‘test case’ basis and restricted to the festival period.

 

Citing the failure of the blanket ban to curb firecracker use — largely due to smuggled and more polluting products — the court said a calibrated approach was necessary to balance public health concerns with cultural practices.

 

“Bursting firecrackers is an expression of the festive spirit, and it enhances the mood in religious and other auspicious ceremonies, embedded in the cultural milieu of India. However, that cannot lead to long-term or even short-term health damage through uncontrolled use, based solely on traditions and cultural or religious norms,” the court observed.

 

The Bench also said that crackers containing barium or any other non-green variant will remain prohibited. It banned the sale and use of series-joined crackers (laris) and barred e-commerce platforms from listing or selling firecrackers.

 

No consignments of firecrackers will be allowed to enter NCR from outside the region.

 

District authorities and police have been directed to establish patrolling teams to monitor sale points and ensure compliance. These teams will conduct regular inspections and random sampling to verify that only authorised products are being sold. Violations will result in confiscation of stock and cancellation of manufacturing or sales licences.

 

The court also allowed the renewal of expired or cancelled trader licences, but only for the limited festival period. Meanwhile, the Central Pollution Control Board and State Pollution Control Boards will monitor air quality in the NCR from October 14 to 25 and submit daily Air Quality Index reports to the court. Sand and water samples will also be collected from high-density areas for analysis.

 

While issuing the directions, the Bench observed that despite the previous blanket ban, air quality levels have not shown marked improvement between 2018 and 2024, except during the pandemic lockdown.

 

States’ proposals

 

During the hearing, the Union and state governments of Delhi, Haryana, and Rajasthan proposed a controlled-use regime for green crackers during major festivals, including Diwali, Christmas, New Year’s Eve, and Gurpurab. Suggestions included fixed licensing hours, strict licensing norms for manufacturers and traders, and a complete ban on online sales through platforms such as Amazon and Flipkart. Authorities were also asked to conduct regular inspections to detect banned chemicals such as barium, arsenic, and lithium.

 

Amicus curiae senior advocate Aparajita Singh raised concerns over counterfeit green crackers and urged tighter enforcement. Justice Chandran endorsed random sampling and on-ground checks to identify violators, noting that the informal sector has been severely impacted by the blanket ban.

 

Senior advocate K Parameshwar, representing manufacturers, sought conditional permission to produce green crackers under transparent and regulated conditions. He argued that the earlier April order was inconsistent with the limited relaxations granted in the 2018 Arjun Gopal ruling.

 

The court also indicated its willingness to revisit the Arjun Gopal precedent if necessary, taking into account inputs from the Union and the amicus. The case will be heard again after three weeks. 

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