Courts, Crackers, And Clean Air: The Legal Battle Over Celebration Vs. Sustainability

“Each Diwali's glow fades into a haze of smog – children stay indoors, expectant mothers, the elderly, and even the animals struggle to breathe. Amidst the conflict with right to celebrate festivities and joy, the right to breathe clean air must prevail.”

The Environmental jurisprudence surrounding regulations, legislations and landmark judgements of Supreme Court and High Courts and Green Tribunals with regards to firecrackers in India, evolved a profound journey of the judiciary with India being a party to Paris Agreement 2015 for its climate justice commitments.^[1]

The recent lecture organised by Supreme Court of India where Justice Oka in his speech expressed that no religion allows or condones the degradation of the environment in context of bursting of fire-crackers.^[2] Every year on Diwali, the skies of the nation illuminate in reverence to tradition, joy and great admiration of the unity that such a festival instils in a citizen irrespective of their caste/ religion/community. However, the same skies depict a contrary picture the day after. The air laden with toxic concoction of PM₂.₅, PM₁₀, carbon monoxide, sulphur dioxide and nitrogen oxides which is released from bursting of such firecracker.

It is reported that Post-Diwali of 2025, the Central Pollution Control Board (CPCB) recorded Delhi's average AQI at an alarming 345-351, with some stations exceeding 400 – placing the city firmly in the “Severe” category. The aftermath for everyone to witness is to see in the hospitals and clinics, the surge of patients with breathlessness, wheezing and cardiac issues, burning issues etc. Children are deprived of going to park, pregnant women, new born and the elderly facing the highest exposure risks. Not just humans, but animals and birds too suffer immensely. The household pets tremble with panic attacks, stray dogs run into traffic and with birds abandoning their nests caused by confusion and fear. The very sound of festivities and celebration turn into distress across the plethora of species.

This recurring phenomenon every year prompted Supreme Court of India to act as a custodian of the constitutional right to clean air under Article 21, balancing it against the freedom of religion and culture guaranteed under Article 25 of the Constitution of India.

Post Diwali Air Quality Index (AQI) – Delhi (2023-2025)

The above-mentioned data issued by CPCB^[3] (post-Diwali average air quality of Delhi) which has evidently remained consistently in the “Very Poor” category over last three years.^[4]

II. Environmental Jurisprudence on Firecrackers: From Regulation to Constitutional Equilibrium

The judicial journey on firecracker regulation began meaningfully with Arjun Gopal v. Union of India^[5] wherein, three infants approached the Supreme Court highlighting the grave health hazards caused by firecrackers during Diwali. The Court affirmed that the right to clean air is intrinsic to the right to life under Article 21. However, the foundation of this jurisprudence was laid much earlier in M.C. Mehta v. Union of India^[6], popularly known as Taj Trapezium Case, which first recognized the need for judicial intervention to address environmental pollution from firecrackers and have evolved to be a guiding figure to environmental policy making and adjudication alike. Though in M.C Mehta case^[7], the issue of bursting fire-crackers was related to Noise and Sound Pollution wherein, certain principles were laid down and reiterated. Yet, the harmful effects of toxic chemicals released from such bursting crackers have not been analysed and did not fully engage on the aspect of Air Pollution caused by bursting of fire-crackers as have done in Arjun Gopal case^[8] which was specifically the core issue raised upon.

In series of Judgements in case of Arjun Gopal, Supreme Court has repeatedly imposed banned on conventional firecrackers and its manufacturing and selling until the formation of Green Crackers framework emerged and relaxed the ban to some extent with dedicated timeline for bursting such crackers. The court continued the regulation regime, permitted only a limited number and temporary licenses with strict controls and prohibited online sales of firecrackers with monitoring pollution data. Further direction was issued to CPCB (Central Pollution Control Board) with collaborative efforts with PESO (Petroleum and Explosives Safety Organisation) for setting up standards with regard to air pollution by bursting fire-crackers. Also, certain very harmful chemicals were banned from manufacturing firecrackers. Though the Court permitted green fire-crackers and imposed restrictions on time and strict adherence were imposed for manufacturing the green crackers. The Court held that “When the Court is called upon to protect the right to life, economic effect of a particular measure for the protection of such right to health will have to give way to this fundamental right”.^[9]

With the rise of covid-19 scenario a serious concerned was raised before National Green Tribunal and the said Tribunal passed a landmark judgement on its own motion^[10] and pan-India banned firecrackers in all areas with “poor” or worse air quality during Covid-19, including the NCR. Only green crackers with a two-hour limit were allowed in places with “moderate” or better air quality.

In the year 2021, the Court while hearing illegal fire-crackers^[11] made by some manufacturers violating the norms laid down by Supreme Court emphasized that "The right to celebrate cannot be at the cost of the right to life."

Also in the year 2023, Bombay High Court sought statutory mechanism to combat pollution on bursting fire-crackers and reduces time for such bursting.[12]

In the year 2024, the M.C. Mehta fire-cracker matters^[13], the Supreme Court imposed and consistently upheld a complete ban on manufacture, storage, sale, and use of all firecrackers in Delhi and later across NCR due to severe air pollution. The Court banned firecrackers in Delhi till 1 January 2025 and sought responses from NCR States on similar restrictions. the ban was extended to NCR areas of Haryana, Uttar Pradesh, and Rajasthan till 17 January 2025 in view of worsening air quality. Through the order dated 03.04.2025 in the continuing M.C. Mehta petition, the Court declined to relax the ban and held it will continue unless it is demonstrated that green crackers cause only minimal pollution.

Judicial interventions such as those in M.C. Mehta and Arjun Gopal have shaped India's environmental policy by balancing ecological preservation with cultural sensitivity.

Some Relevant Orders by Supreme Court & National Green Tribunal on bursting of firecrackers and some important Principles incidental are as follows:

On 15^th October 2025, while hearing M.C. Mehta v. Union of India^[14] & connected matters, the Supreme Court issued various directions such as permitting the sale and use of only certified green crackers in the Delhi–NCR region between 18 and 21 October 2025. The order restricted bursting to 6–7 a.m. and 8–10 p.m., mandated CSIR-NEERI certification with QR verification, prohibited online sales, and directed the CPCB and state boards to ensure compliance. The order reflects a judicial exercise in environmental equilibrium maintaining religious and cultural freedom under Article 25 while safeguarding the right to life and health under Article 21.

While compared to its earlier orders of near-absolute bans and strict precautionary stance, the 15 October 2025 order marks a notable dilution by prioritising controlled celebration over a zero-tolerance approach despite already deteriorating AQI conditions. The Court shifted from a health-first doctrine under Article 21 (as seen in Arjun Gopal and 2024 M.C. Mehta orders) to a calibrated permissions model that arguably underestimates the predictable winter inversion and pollution spike in Delhi-NCR. This relaxation, while procedurally disciplined through QR verification and NEERI certification, risks appearing inconsistent with the Court's own precautionary jurisprudence and may have weaken the normative force of its past environmental orders.

III. Conclusion & Towards a Uniform National Framework

The judicial journey on green crackers reflects India's growing environmental consciousness though subsequent assessments by CSIR-NEERI (Council of Scientific and Industrial Research – National Environmental Engineering Research Institute) CPCB have provided further clarity that they even if they are a better alternative, they are not pollution free.^[15]

The national unified approach is the need of the hour alongside strict licensing and selling of verified green-cracker manufacturers with uniform compliance and equitable regulation. The Union Government may frame a comprehensive national policy on firecracker regulation integrating certification, emission standards, and public education and awareness. A structured pre & post-Diwali assessment of air-quality trends, meteorological conditions, and enforcement preparedness would enable the Supreme Court to ground its directions.

Globally, countries such as China, the United States, and Japan have experimented with low-smoke or perchlorate-free formulations, these initiatives largely remain industry-driven rather than part of certified, government-regulated “green crackers” programs.^[16]

The author's discussions with local vendors revealed that they cannot afford green crackers and seek government subsidies to make them viable. Since homemade crackers offer higher profit margins than manufacturer-made green ones, vendors continue selling unregulated products, fuelling black-marketing and worsening air pollution.

The Police, who is one of the implementing agencies, could have been more vigilant and stricter not to allow these unsafe local crackers to flood the market, frequently misrepresented as “green” to evade scrutiny. In Delhi alone, more than 250 cases of burn injuries were reported. It is reported that in Delhi alone, over 250 people suffered burn injuries during Diwali, with Safdarjung Hospital recording the highest cases at 129, including 18 major burns. AIIMS, GTB, DDU and LNJP hospitals reported additional cases, reflecting a sharp surge linked mainly to firecrackers.^[17]

The amalgamation of Judicial directions, sustained public awareness, environmental consciousness and uniform policy framework on regulating fire-crackers coupled with transparent monitoring mechanisms, could be able to ensure that Diwali continues to illuminate homes without darkening the skies or endangering life — human, animal, or ecological.

Vijay Hansaria, Sr. Advocate, Supreme Court of India and Sneha Kalita, Advocate On Record, Supreme Court of India

Views Are Personal.

VII. References:

1. https://www.pib.gov.in/newsite/PrintRelease.aspx?relid=151205

2.www-livelaw-in.demo.remotlog.com/top-stories/bursting-crackers-idol-immersions-loudspeakers-not-essential-religious-practices-no-religion-permits-pollution-justice-as-oka-308196

3.Central Pollution Control Board, Post-Diwali Air Quality Bulletin

4.https://cpcb.nic.in/upload/Downloads/AQI_Bulletin_20231113.pdf and https://cpcb.nic.in/upload/Downloads/AQI_Bulletin_20241031.pdf and https://cpcb.nic.in/displaypdf.php?id=RG93bmxvYWRzL0FRSV9CdWxsZXRpbl8yMDI1MTAyMS5wZGY

5. (2019) 13 SCC 523.

6. (2005) 5 SCC 733.

7. ibid

8. supra, 7.

9. 2019 (13) SCC 523.

10. Tribunal on its own motion Vs. Ministry. of Environment: https://hindi.livelaw-in.demo.remotlog.com/pdf_upload/pdf_upload-384397.pdf

11. https://www-livelaw-in.demo.remotlog.com/top-stories/firecrackers-ban-supreme-court-green-crackers-celebration-right-to-health-supreme-court-184637

12. https://www-livelaw-in.demo.remotlog.com/high-court/bombay-high-court/bombay-high-court-reduces-time-for-bursting-firecrackers-to-two-hours-seeks-statutory-mechanism-to-combat-pollution-242095.

13. https://www-livelaw-in.demo.remotlog.com/high-court/delhi-high-court/delhi-high-court-air-pollution-firecracker-ban-273461 and https://www-livelaw-in.demo.remotlog.com/top-stories/supreme-court-relaxes-absolute-firecracker-ban-in-ncr-for-diwali-allows-sale-use-of-green-crackers-306958#:~:text=The use of firecrackers is,The following are...

14. https://www-livelaw-in.demo.remotlog.com/top-stories/supreme-court-relaxes-absolute-firecracker-ban-in-ncr-for-diwali-allows-sale-use-of-green-crackers-306958#:~:text=The use of firecrackers is,The following are...

15. https://www-livelaw-in.demo.remotlog.com/top-stories/supreme-court-relaxes-absolute-firecracker-ban-in-ncr-for-diwali-allows-sale-use-of-green-crackers-306958#:~:text=The use of firecrackers is,The following are...

16. https://indianexpress.com/article/explained/explained-sci-tech/green-crackers-iit-bombay-expert-explains-science-10316151/.

17. https://www.ptinews.com/story/national/delhi-hospitals-report-over-250-burn-cases-on-diwali/3024781