SC flags Delhi-only firecracker ban, says citizens nationwide entitled to 'clean air'

The Supreme Court on Friday raised a crucial question on the selective application of the firecracker ban, asking why restrictions are enforced only in Delhi and the National Capital Region (NCR), when citizens across India are equally entitled to clean air.

According to a Bar and Bench report, a bench of Chief Justice of India (CJI) BR Gavai and Justice K Vinod Chandran observed that pollution-free air cannot be treated as a privilege restricted to the capital city.

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The court questioned why people in other Indian cities, also exposed to severe pollution, should be denied the same level of protection.

"If citizens in NCR are entitled to pollution-free air, then why not people of other cities? Just because this is the capital city or the Supreme Court is situated here, it should not mean only they get clean air. Whatever policy has to be there, it has to be pan-India. We can’t have special treatment for Delhi because they’re elite citizens. If firecrackers are to be banned, then let them be banned throughout the country," the bench remarked, as per the report.

The observations came while hearing pleas filed by fireworks traders against the complete year-round ban on the manufacture, sale, and use of firecrackers in the NCR.

Senior Advocate DS Naidu, appearing for the Federation of Fireworks Traders, recalled that the court had earlier directed manufacturers to demonstrate safer methods of production to reduce pollution.

Meanwhile, Senior Advocate K Parameshwar highlighted the economic impact, noting that over five lakh families depend on the fireworks industry.

"Some way has to be found out. Between October and February there are pollution concerns, but a complete ban on manufacture, trading, and selling has a severe impact," Parameshwar reportedly said.

Amicus Curiae Senior Advocate Aparajita Singh clarified before the Supreme Court that the existing ban on firecrackers currently applies only to Delhi-NCR.

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When Singh remarked that elites often leave the capital during peak pollution months, Chief Justice of India BR Gavai responded that the air quality crisis extends far beyond Delhi and cannot be treated as an NCR-centric problem.

Additional Solicitor General Aishwarya Bhati informed the bench that the National Environmental Engineering Research Institute (NEERI) was already examining the issue of "green crackers" with scientific consultations in progress, the report added.

Senior Advocate K Parameshwar, representing fireworks manufacturers, added that the industry has been cooperating with NEERI to create acceptable formulations. However, he argued that the blanket ban was leading to cancellation of long-term licenses.

The bench stressed that if firecrackers are to be banned, the prohibition must apply uniformly across India. It directed authorities to maintain the status quo on existing license and asked the Additional Solicitor General to obtain a report from the Commission for Air Quality Management (CAQM).

The matter will be heard again on September 22.

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