Key points:
Hearing a group of petitions filed by firework traders, the SC argued that the year-round firecracker ban in NCR should apply pan-India
The petitioners requested relief from the ban for part of the year, pointing out how their livelihood was being impacted
The SC postponed the hearing till 22 September, awaiting reports from NEERI and CAQM
On Friday, 12 September 2025, while hearing a batch of petitions by firework traders challenging the year-round ban on the manufacture, sale and use of firecrackers in Delhi, the Supreme Court asked why such a blanket ban is limited only to the NCR, arguing instead for nationwide implementation.
The observation was made by a bench of Chief Justice B.R. Gavai and Justice K. Vinod Chandran. “If citizens in NCR are entitled to pollution free air then why not people of other cities?” the bench asked, noting high levels of pollution outside the capital as well.
“I was in Amritsar last winter and the pollution was worse than Delhi. Whatever policy has to be there, it has to be on a pan India basis. We can’t have special treatment for Delhi because they’re elite citizens of the country. If firecrackers are to be banned then let them be banned throughout the country,” CJI Gavai remarked.
The bench made these observations while hearing pleas filed by the Association of Firework Traders, Indic Collective and Haryana Firework Manufacturers. Represented by Senior advocates Dama Sesadari Naidu and K. Parameshwar, the complainants argued that the ban imposed by the top court in December 2024 had severely impacted the livelihood of families working in the firework industry.
K. Parameshwar stated: “Five lakh families are dependent on this trade. Some way has to be found out. I understand that between October and February there are pollution concerns, but a complete ban on manufacture, trading and selling has a severe impact.”
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The court asked the Centre to submit a report in conjunction with the National Environmental Engineering Research Institute (NEERI) on the development of ‘green crackers’. The counsel argued that manufacturers had been cooperating with NEERI on safer formulations but even licences valid till 2027-30 were being revoked since the Supreme Court reiterated the blanket ban in April 2025 and neighbouring states including Uttar Pradesh, Haryana and Rajasthan extended similar measures in NCR districts.
The bench directed authorities to maintain the status quo on existing licences until further orders. It further requested Additional solicitor general (ASG) Aishwarya Bhati, who is representing the Centre, to obtain a report from the Commission for Air Quality Management (CAQM).
Justifying its call for a uniform policy, the bench said regulatory measures limited to the capital would create inequities, adding that judicial and administrative steps must take account of social impact, observing: “When we impose the ban on workers, they are left without work. It is the poor who suffer.”
Senior advocate Aparajita Singh, activating as an advisor, added: “There is a misconception that air pollution is only a problem for the elite. It is actually the people on the streets who suffer. The construction labourers and the daily wagers… Winters are impossible.” She said that even when construction activities were banned in Delhi as an emergency measure, the court made sure the affected workers were compensated.
The bench has posted the matter till September 22, ahead of Dussehra and Diwali, when demand for firecrackers typically rises. Awaiting the Centre’s response and reports from NEERI and CAQM. [Rh/Eth/DS]
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