Supreme Court To Take Balance Approach In Plea Related To Manufacture And Sale Of Green Crackers In Delhi NCR

Today, the Supreme Court of India remarked that a balanced approach would be taken by the Court while considering the plea related to the manufacture and sale of green crackers in Delhi NCR. 

Earlier, the Supreme Court allowed the manufacturers, who possess valid certification for green crackers, as certified by the National Environmental Engineering Research Institute (NEERI) as well as Petroleum and Explosives Safety Organization (PESO), to manufacture green crackers.

The Bench of Chief Justice B.R Gavai and Justice K. Vinod Chandran heard the matter and remarked, "We will balance."

Solicitor General of India Tushar Mehta, appearing for Delhi NCT and Haryana, submitted the following suggestions, among others:

1. Green Crackers shall only be permitted to be manufactured and sold.

2. NCT, Delhi and PESO shall ensure that joint fire crackers (lurry) are not manufactured and sold in NCR.

3. Sale should only be through licensed traders and it should be ensured that these traders are selling permitted fire crackers only.

4. It shall be ensured by NCR, State Government, GNCTD and PESO that no E-commerce website shall accept any online orders.

5. On Diwali days or any other festival when such fireworks generally take place, it shall strictly be allowed from 8 PM to 10 PM only.

CJI also questioned about those people who do Diwali pooja in the morning and burst crackers in the morning.

Mehta responded that they would amend the suggestions and continued to highlight the steps to be taken by Manufacturers of the crackers.

Further, SG submitted that by implementing such suggestions, a balance approach can be maintained with regard to the citizen's right to celebrate and the right to have a better environment.

The Counsel appearing for the Applicant relied upon the case of Arjun Gopal & Ors. V. UOI (2015) which provides extensive guidelines on bursting of crackers.

While opposing the same, the Counsel appearing for the Manufacturers of green crackers, submitted that the issue with regard to the said was not before the Court. CJI, however, replied that they can still see the said Judgment.

The Counsel for the Manufactures apprised the Court that there has been no report stating that the increase in pollution was on account of the bursting of fire crackers. SG also agreed with the said submission.

The CJI questioned, "Has the position worsened from 2018 to 2024?"

"Despite the ban there has been increase in pollution", replied the Counsel for Applicant. While Mehta submitted that it has remain "more or less same" except for the COVID period.

Thereafter, it was also suggested by the Counsel for Manufacturers that 25-30 places of distribution of green crackers can be fixed so that it becomes easier for the Government to monitor the same.

Subsequently, after hearing all the submissions made by the parties concerned, the Court emphasised the need for a balanced approach.

Accordingly, the matter was adjourned.

Cause Title: M.C Mehta V. Union of India (W.P.(C) No. 13029/1985 PIL-W)