SC allows limited manufacturing of green crackers, bar sales in Delhi-NCR

The bench made it clear that the manufacturers must ensure that these crackers are not sold in Delhi and the National Capital Region until further orders

The Supreme Court (SC) on Friday permitted manufacturers with valid certificates from the National Environmental Engineering Research Institute (NEERI) and the Petroleum and Explosives Safety Organisation (PESO) to produce green crackers, according to Live Law.

 

However, the bench made it clear that the manufacturers must ensure that these crackers are not sold in Delhi and the National Capital Region (NCR) until further orders. The matter will next be heard on October 8.

Need for balanced approach

During the hearing, the counsel for the Commission for Air Quality Management (CAQM) stressed the need for balance, suggesting that the composition of green crackers should be verified and approved before allowing large-scale use.

 

 

Chief Justice of India (CJI) B R Gavai inquired whether the Pollution Control Board (PCB) had any mechanism to regulate this, to which the government’s counsel responded that NEERI’s reports treated green crackers as a one-time tested product, with no ongoing market checks in place. 

 

On behalf of the manufacturers, senior counsel said that the factories had remained shut for a year due to the restrictions. “If NEERI or PESO grants approval, we should be allowed to manufacture green crackers,” one of them urged. Senior advocate K Parameshwar, also appearing for manufacturers, clarified, “I am not asking for a carte blanche order. Kindly permit us to take our products to other parts of the country.”

Ban hardly being followed: CJI

The bench, however, noted gaps in enforcement. “This ban is hardly being followed,” said CJI Gavai. Adding to this, the amicus curiae and senior advocate Aparajita Singh highlighted that the CAQM report says there is no mechanism in the market for checks, yet removal is being sought, while having no controls in place.

 

“It is necessary that a balanced approach has to be adopted,” the CJI concluded, stressing the need to reconcile public health concerns with manufacturers’ interests.

SC had sought a report

Earlier this month, the top court had sought a report from CAQM and NEERI on a plea filed by the cracker manufacturers’ association. Appearing through Parameshwar, the association argued that the blanket ban jeopardised the industry and the livelihood of millions of workers in the industry. The manufacturers had said they were willing to comply with any green standards for crackers that expert bodies may frame.