Context:
Ahead of Deepavali, the Supreme Court relaxed the blanket ban on fireworks in Delhi and the National Capital Region (NCR), allowing the sale and use of green fireworks within restricted hours as a “test case” to study whether a regulated mechanism can coexist with air pollution mitigation efforts.
Key Highlights / Details
- Relaxation as a test case:
- Allowed green crackers from 6 p.m. to 10 p.m. on Deepavali and 7 a.m. to 8 a.m. on Chhath Puja.
- Permission granted under strict regulation to prevent pollution.
- Bench observation:
- A complete ban led to smuggling and illegal use of conventional fireworks.
- Need for a balanced approach that respects public interest and environmental concerns.
- Reference to precedent:
- Court cited Arjun Gopal v. Union of India (2018) introducing green crackers.
- Over years, firecrackers found to significantly increase emissions.
- Delhi Government Order Reviewed:
- The 2024 year-long ban on firecrackers reviewed.
- SC questioned if such a broad ban was justified when emission reduction data was unclear.
- Centre and States’ Appeal:
- Solicitor General Tushar Mehta sought partial lifting of ban for winter festivals.
- Government proposed strict enforcement measures: licensing, restricted sale, and online monitoring.
- Regulation & Enforcement:
- CPCB and SPCBs tasked to monitor AQI and regulate emissions.
- Court emphasized “less harmful alternatives” over total prohibition.
Relevant Prelims Points
- Green Firecrackers: Developed by CSIR-NEERI, reduce emissions by 30%; carry unique QR codes.
- Air Pollution in NCR: Monitored by CAQM (Commission for Air Quality Management).
- Article 21: Right to clean environment recognized as part of Right to Life.
- Supreme Court Powers: Article 142 used earlier to pass pollution-related orders.
Relevant Mains Points
- Debate: Environment vs Traditions: Balancing fundamental rights (Articles 25 & 21).
- Judicial Intervention: Role of judiciary in environmental governance.
- Pollution in NCR: Seasonal smog + stubble burning + fireworks.
- Policy Suggestion: Regulation + awareness better than blanket bans.