Context: Following the Supreme Court's temporary relaxation of the firecracker ban, Delhi and several north Indian cities witnessed a sharp deterioration in air quality during Deepavali 2024–26, with AQI reaching the ‘Severe’ category.
- Several air-quality sensors recorded PM2.5 levels exceeding 1,000 in Delhi and its outskirts on Diwali night.
Impact of Firecrackers on Air Pollution
- Multiple pollution sources: Delhi's winter pollution results from vehicle emissions, industrial pollution, construction dust and stubble burning, with crackers adding to the existing pollution load.
- Meteorological factors: Slackening winds and post-monsoon atmospheric dryness trap particulate matter, worsening pollution levels.
- AQI trend (five-day average):
- 2024: Increased from 298 to 358 after Diwali.
- 2025: Increased from 259 to 315.
- 2026: Increased from 350 to 376.
- Although the timing of AQI spikes indicates that firecrackers contribute to pollution, their precise contribution cannot be isolated from other emission sources and meteorological factors.
Supreme Court's Position
- The Supreme Court has acknowledged the harmful consequences of firecracker emissions but has sought quantitative evidence establishing their direct health and environmental impact during Diwali.
- Establishing direct causation is difficult because multiple pollution sources and weather conditions simultaneously influence air quality.
- The Court was informed that an absolute ban could encourage the smuggling of illegal crackers from across the border.
- Since cracker sales begin nearly a fortnight before Diwali, an earlier judicial decision would help stockists procure and distribute permissible green crackers in time.
Limitations of Green Crackers
- Developed by: Council of Scientific and Industrial Research–National Environmental Engineering Research Institute (CSIR-NEERI).
- Emission reduction: Green crackers reduce emissions by only 30–45% under stringent laboratory conditions.
- These percentage reductions do not indicate the actual volume of particulate matter released into the atmosphere.
- The severe post-Diwali pollution levels highlight the limitations of relying solely on green crackers to address air pollution.
Challenges in Regulation and Enforcement
- Illegal sales: An absolute ban may encourage the circulation of illegally manufactured or smuggled crackers.
- Weak enforcement: Policing the manufacture, sale and use of crackers across multiple levels presents significant implementation challenges.
- Timing of regulation: Delayed judicial decisions leave manufacturers and stockists with insufficient time to shift towards permissible alternatives.
Constitutional and Legal Dimensions
- The Supreme Court's approach links firecracker use with religious observances but needs to adequately address the constitutional limitations on religious practices.
- Article 21 – Right to Life: The right to life includes the right to a clean and healthy environment.
- Article 25 – Freedom of Religion: Religious freedom is subject to public order, morality, health and other fundamental rights.
- Religious customs cannot override considerations of public health and the right to life.
Way Forward
- The Supreme Court should deliver a final and comprehensive decision on firecracker regulation rather than postponing the issue until the week before Deepavali 2027.
- Establish a time-bound government policy regulating the manufacture, sale and bursting of crackers.
- Strengthen enforcement mechanisms to prevent illegal manufacturing, smuggling and sale.
- Promotecleaner alternatives while recognising that green crackers alone cannot eliminate pollution.
- Adopt a comprehensive air-pollution strategy addressing vehicular emissions, industrial pollution, construction dust and stubble burning alongside firecracker regulation.
