In Delhi, where air pollution is a year-round problem, the Supreme Court on Tuesday questioned why there isn’t a permanent, statewide ban on firecrackers and why limitations are only being implemented during certain months.
While hearing the case concerning the pollution in Delhi, the apex court said, “We are of the view that no religion encourages any activity which creates pollution. If firecrackers are burnt in this fashion, it also affects the fundamental right to health of the citizens.”
The bench consisting of Justices Abhay S. Oka and Augustine George Masih criticized the Delhi government and Delhi police for not enforcing the current ban and questioned why the ban on the production, sale, and detonation of fireworks was only in effect from October to January rather than all year long. The court remarked, “Why only a few months? Air pollution increases all year!”
Additional Solicitor General Aishwarya Bhati explained that the current restrictions were intended to address air pollution during the festive season, particularly in months when wind patterns worsen pollution levels in Delhi. However, the bench remained unconvinced, suggesting that a year-round ban should be implemented.
The court also reviewed a directive from the Delhi government, issued on October 14, which prohibited the manufacture and sale of firecrackers but allowed exceptions for events like elections and weddings. In a pointed exchange, the bench questioned the delay in implementing the ban and asked, “Your order has said for elections, marriages, etc., crackers can be burnt? Who are the stakeholders, according to you?”
The counsel explained that several government departments were involved, prompting further scrutiny from the bench. The court pressed authorities, asking whether licenses were still being issued for firecracker sales. It firmly stated that, with a complete ban in place, no such licenses should be allowed.
The Supreme Court directed the Delhi Police Commissioner to immediately inform all relevant stakeholders about the ban and ensure that the sale and manufacture of firecrackers are halted. Additionally, the court urged the Delhi government to consider implementing a “perpetual ban” on firecrackers in the city before November 25, emphasizing the need for a year-round prohibition rather than one limited to specific periods.
“If anyone wants to claim fundamental right to burst crackers, let them come to court! There should be year-long ban on crackers, not just Diwali,” the court concluded.