Uncontrolled Use Of Firecrackers Affecting Health Can't Be Permitted Solely Based On Traditions & Religious Norms : Supreme Court
LIVELAW NEWS NETWORK
15 Oct 2025 1:01 PM IST

While allowing the limited use of green crackers in the National Capital Region for Diwali, the Supreme Court said that commercial interests and festive celebrations cannot outweigh concerns about public health and the environment, while considering issues related to the manufacture and use of firecrackers.
The Supreme Court acknowledged that bursting firecrackers is deeply rooted in India's cultural and religious fabric, often seen as a joyful expression of festive spirit during celebrations and auspicious occasions. However, the Court cautioned that such traditions cannot justify practices that harm public health or degrade the environment
“The commercial considerations and the festive spirit should take a back seat when it concerns the environment and health,” observed the bench comprising Chief Justice of India BR Gavai and Justice K Vinod Chandran while lifting the blanket ban on firecrackers in NCR. The sale of green crackers has been permitted from October 18 to October 20, 2025. Their use is allowed on October 19 and October 20, between 6AM to 7AM and 8PM to 10 PM. The authorities have been directed to strictly monitor the situation to ensure that unauthorised crackers are not used.
The Bench noted that the use of firecrackers, though deeply rooted in India's cultural and religious celebrations, cannot come at the cost of citizens' right to life and clean air.
"Bursting firecrackers is an expression of the festive spirit and it enhances the mood in religious and other auspicious ceremonies, embedded in the cultural milieu of India. However that cannot lead to a situation of causing long term or even short term damage to health by an uncontrolled use, based only on traditions and cultural or religious norms."
The Court observed that it had to strike a delicate balance between the rights of those working in the firecracker industry and the right to health of the public, particularly the elderly, the sick, and children, who are more vulnerable to the effects of air pollution.
It also pointed out that despite the ban on conventional firecrackers, smuggling and illegal sale continued during festive seasons, often leading to more harmful emissions than the “green crackers” that have been developed in recent years.
“We have to take a balanced approach, taking into account the conflicting interests and permit in moderation, while not compromising the environmental concerns arising,” the Court said.
The Bench also took note of concerns raised by the States of Haryana, Uttar Pradesh and Rajasthan. Haryana submitted that 14 out of its 22 districts fall within the National Capital Region, where the restrictions on firecrackers are in force. The states said that such widespread prohibitions affected large parts of their territories.
The Court said these practical difficulties also needed consideration, but made it clear that environmental protection and health would remain the overriding priority.
“It is the rampant use by the general public, without awareness of its ill effects, that causes the problem,” the judges remarked, calling for moderation and responsible celebration.
Case Title – MC Mehta v. Union of India WP (C) 13029/1985
Citation : 2025 LiveLaw (SC) 1005