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SC permits green crackers in Delhi-NCR during Diwali (Img: IANS)
New Delhi: The Supreme Court on Monday permitted the use of green firecrackers in Delhi-NCR on November 7 and 8, allowing people to burst them during specified morning and evening hours around Diwali.
A bench of Justices MM Sundresh and Prasanna B Varale said green crackers could be used between 6 am and 7 am and from 8 pm to 10 pm on both days. The relaxation comes with restrictions on the timing of their use amid concerns over rising air pollution in the national capital region.
The court had taken up the matter last week and declined to impose a blanket ban on firecrackers. However, it stressed that restrictions would have little meaning unless authorities ensured their strict implementation.
"It concerns every living being," the bench said.
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"There is no point in passing orders and directions unless you give effect to them on the ground, otherwise, it becomes a mockery," the court had observed, highlighting the need for effective enforcement.
The bench told Additional Solicitor General Aishwarya Bhati, appearing for the Centre, that authorities must take the issue seriously and ensure compliance with the restrictions.
"We also understand the sentiments of the public. We are not inclined to completely ban but don't push us to take a very harsh stand," the bench told the law officer.
The court said controlling firecracker use would require cooperation from all stakeholders. It also suggested involving prominent personalities, including sportspersons, in public awareness campaigns highlighting the environmental and health risks associated with bursting crackers.
"Every year we are trying to balance it out but unless there is cooperation from everyone, it can't be done," the bench observed.
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It also emphasised that officials concerned should remain present on the ground to monitor compliance and prevent violations.
During the hearing, ASG Bhati informed the bench about steps being taken by the Delhi government and the Commission for Air Quality Management (CAQM) to tackle pollution during the winter season.
She said the Delhi government had prepared a comprehensive action plan, with several measures scheduled to be implemented from November. These include restrictions on older vehicles, curbs on construction and demolition activities, and staggered office timings.
"We are geared up to deal with the pollution season which unfortunately happens," Bhati told the court.
The Centre also informed the bench that consultations were underway on the use of barium in firecrackers. Bhati sought three weeks to complete the exercise, after which the court said it would consider the matter.
The court also heard concerns about the effectiveness of existing restrictions and the lack of a reliable mechanism to verify whether firecrackers sold in the market actually meet the standards for green crackers.
An advocate assisting the court as amicus curiae in the suo motu proceedings highlighted the health risks associated with firecracker emissions, pointing out that hazardous particulate matter could enter the human body and damage the lungs and other organs.
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She also referred to the rise in Delhi-NCR's Air Quality Index (AQI) during Dussehra and questioned how authorities verified manufacturers' and sellers' claims about green crackers.
"There are a large number of reports which show that firecrackers were burnt last year in Delhi-NCR in the garb of being green crackers," she told the bench.
Senior advocate Gopal Sankaranarayanan, appearing for petitioners seeking restrictions on firecrackers, argued that earlier Supreme Court directions had repeatedly been violated. He urged the court to prohibit their manufacture.
The proceedings concern two petitions, including a suo motu case on air pollution in Delhi-NCR covering firecrackers, stubble burning and solid waste management. The other petition seeks a ban on the manufacture of firecrackers.
In October last year, the Supreme Court had granted conditional permission for the sale and use of green crackers in Delhi-NCR during specified hours around Diwali. The relaxation was allowed on a trial basis and was limited to the period mentioned in the court's order.
