Supreme Court's Relaxation on Fireworks Ban

In anticipation of Deepavali, the Supreme Court of India has eased the blanket ban on fireworks specifically in Delhi and the National Capital Region (NCR) for October 18 to 20. The decision allows the sale of green fireworks approved by the National Environmental Engineering Research Institute (NEERI) and the Petroleum and Explosives Safety Organisation (PESO).

Regulation Details

• Use of fireworks is restricted to October 19 and 20 between specific times: 6 a.m. to 7 a.m. and 8 p.m. to 10 p.m.
• The decision is presented as a "test case" to evaluate a regulated framework's viability alongside pollution control efforts.
• The relaxation is temporary, with the Central Pollution Control Board (CPCB) and State Pollution Control Boards monitoring air and water quality from October 14 to 25.

Rationale and Court's Observations

• The court stressed the need for a balanced approach, acknowledging that absolute bans were counterproductive and led to smuggling of harmful fireworks.
• Referring to its 2018 judgment, the court noted that green fireworks have significantly reduced emissions.
• The Delhi government's 2024 year-long ban on fireworks is deemed worthy of reconsideration with safer alternatives now available.

Government's Position and Enforcement Plan

• The Solicitor-General emphasized the need to lift the ban during major festivals like Deepavali, Christmas, and New Year's Eve.
• The enforcement plan includes sales restrictions to licensed traders and prohibits e-commerce platforms like Flipkart and Amazon from online sales.

Regulatory Framework and Compliance

• Fireworks can only be sold by licensed traders and must be NEERI-certified and PESO-licensed.
• Manufacture and sale of laris (series crackers) are completely banned.
• Police and district administration teams will patrol designated sales sites to ensure compliance, with QR codes used for product verification.
• Non-compliance will lead to penalties and cancellation of licenses or registrations with PESO or NEERI.

Expert Opinions

• Experts appreciate the attempt to balance festive traditions and public health but cite challenges in distinguishing green fireworks from conventional ones.
• Concerns are raised about the potential rollback of progress in reducing Delhi's air pollution.
• There are doubts about the efficacy of green fireworks as genuine low-emission alternatives.

Challenges and Concerns

• Amicus curiae highlighted enforcement issues, indicating PESO's lack of testing facilities in Delhi.
• Misuse of QR codes for fireworks and inadequate compliance mechanisms were pointed out.

Recent Context

The decision to allow green fireworks reverses a previous judgment that upheld Delhi's blanket ban, citing ineffective temporary restrictions.