NE LEGAL BUREAU
NEW DELHI, SEPT 30
The Supreme Court on Wednesday signalled a middle path between a blanket ban and unrestricted fireworks, saying festive sentiments must be recognised but the health and environmental consequences of all-day bursting cannot be ignored.
A Bench of Justices M.M. Sundresh and P.B. Varale indicated that it would neither impose a complete prohibition on firecrackers nor permit fireworks to continue round the clock, and said specified hours could provide a workable regulatory framework. The court’s observations came as it considered proposals concerning newer formulations of green and joint firecrackers ahead of the festive season.
- Supreme Court says total prohibition would affect sentiments but unrestricted fireworks would impact the elderly, sick, children and other living beings
- Bench favours specified hours for firecracker use instead of either a complete ban or round-the-clock bursting
- Specified next-generation joint green crackers may be permitted subject to noise, emission, safety and manufacturing safeguards
- Barium issue in Generation-2 green crackers to be examined after further outdoor testing; matter listed for October 15
- Delhi-NCR restrictions remain intertwined with separate proceedings before the Supreme Court in the M.C. Mehta case
“We will make it very clear. Neither are we going to agree to a total ban, nor are we going to allow them to do it (fireworks) for 24 hours a day. Total ban will affect sentiments. And allowing them throughout the day will have a huge impact on every other living being, including the old, sick and children.
“We need to find a solution by which we can give a specified time,” the Bench observed orally.
A middle path between tradition and pollution
The court’s approach seeks to address two competing concerns that have repeatedly surfaced in litigation over firecrackers: the cultural and festive significance attached to fireworks and the concerns over air pollution, noise pollution and their impact on vulnerable sections of society.
The proceedings arise in the long-running litigation concerning restrictions on firecrackers. The Supreme Court has previously imposed restrictions on firecrackers and subsequently considered conditional relaxations for approved green crackers.
The court’s latest observations indicate that time-bound use rather than unrestricted bursting is likely to remain central to any regulatory framework.
Green crackers get a technology test
Additional Solicitor General Aishwarya Bhati placed before the court the Centre’s position that limited and conditional relaxation could be considered for specified “next-generation joined green crackers”, based on recommendations involving CSIR-NEERI and subject to prescribed safeguards.
The proposed formulations are intended to reduce emissions and meet specified safety and noise requirements. The government proposal includes restrictions relating to the number and size of shells and the interval between successive bursts.
The submissions also referred to the prescribed noise standards of 125 dB(AI)/145 dB(C) peak, along with a requirement that the products be manufactured only by duly licensed manufacturers and contain no banned chemicals.
The approach represents an attempt to move the debate from a simple “ban versus no ban” binary towards regulation based on formulation, noise, emissions, manufacturing standards and permitted hours.
Barium question put under the microscope
The court, however, has not closed the door on the separate controversy surrounding barium-containing green crackers.
The Centre has sought time for further outdoor testing to assess the environmental impact of barium in Generation-2 green firecrackers. CSIR-NEERI and the Central Pollution Control Board have proposed testing under different air-quality conditions, including at Delhi, Bhopal, Kolkata and Chennai.
The Supreme Court is to consider the issue on October 15, after the additional assessment.
This distinction is significant: the court’s indication regarding specified next-generation joint crackers does not amount to a blanket clearance for every category of green firecracker or every formulation containing barium.
Delhi-NCR has a separate legal track
The position in Delhi-NCR requires particular attention because firecracker restrictions in the region are also governed by proceedings in the separate M.C. Mehta v. Union of India matter.
The Supreme Court’s October 2025 order had permitted a conditional, test-case relaxation for approved green crackers during the Diwali period while retaining restrictions including those concerning barium-containing crackers and other non-approved products.
The present Bench has indicated that the overlapping Delhi-NCR questions should be considered in coordination with the proceedings before the Bench headed by Chief Justice of India Surya Kant, rather than issuing conflicting directions in the present matter.
Thus, while Wednesday’s proceedings mark a significant development in the broader firecracker litigation, the precise Diwali regime applicable to Delhi-NCR remains subject to the separate proceedings.
From blanket prohibition to controlled celebration?
The Supreme Court’s emerging approach places time, technology and compliance at the centre of the firecracker debate.
The court’s challenge is now to translate that middle ground into enforceable rules: which crackers qualify, during what hours they may be used, how manufacturers and sellers will be monitored, and how noise and emissions standards will actually be enforced on the ground.
With the barium question scheduled for October 15, another chapter of the long-running firecracker litigation is set to unfold before Diwali.
For now, the court’s message is unmistakable:
Festive celebration cannot mean unrestricted fireworks—and environmental regulation need not necessarily mean a blanket prohibition.
