Firecracker Rules Must Be Enforced, Supreme Court Tells Delhi Government

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The court said a blanket ban may not be the answer, but questioned the lack of enforcement data and urged authorities to ensure festivals are celebrated without harming others
Supreme Court has questioned the Delhi government and the Commission for Air Quality Management over the enforcement of firecracker restrictions.
Supreme Court has questioned the Delhi government and the Commission for Air Quality Management over the enforcement of firecracker restrictions.  Credits: Getty Images

The Supreme Court on Thursday questioned the Delhi government and the Commission for Air Quality Management (CAQM) over the enforcement of firecracker restrictions, saying its directions would become a “mockery” without action on the ground.

A bench of Justices MM Sundresh and PB Varale acknowledged the enthusiasm surrounding Diwali and other festivals. It said it was not seeking an absolute ban, but wanted authorities to enforce existing restrictions and protect people from the harmful effects of pollution.

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“What did you actually do? Unless you can tell us what you have done, what is the point of passing orders? It becomes a mockery then,” the bench said.

Court Seeks Proof of Enforcement

The bench asked whether enforcement teams had visited designated areas, when those visits took place and what information they had collected. It also sought an assessment of locations where the Air Quality Index had risen and those where it had not.

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Authorities could not return year after year with similar submissions without showing whether the court’s directions had made a difference, the bench said.

The court stressed that the proceedings concerned the health and well-being of “every living being” and should not be treated as an adversarial contest with the authorities.

‘Celebrate Without Causing Harm’

The bench said regulation had to account for public sentiment while preventing harm to others.

“We also understand the sentiment of the public. We are not on religion. But we are on the logical thing. How will we actually celebrate a festival without causing any harm to anybody?” it asked.

The court said authorities should focus on implementing its directions rather than relying simply on cases against ordinary people. It called for tighter monitoring, particularly on the two days when firecracker use is permitted.

It also suggested that construction activity be stopped completely during those two days to reduce the combined pollution burden. This was a suggestion during the hearing, rather than a fresh prohibition announced in the report.

Violations and Missing Data Flagged

Senior advocate Gopal Sankaranarayanan, appearing for petitioner Arjun Gopal, submitted that the court’s firecracker directions had repeatedly been violated.

The amicus curiae flagged the use of prohibited firecrackers despite permission being limited to green crackers. The amicus also questioned the absence of a comprehensive assessment of last year’s partial relaxation and meaningful data from enforcement teams.

The bench sought proper compliance and impact reports, asking authorities to demonstrate what monitoring had achieved.

Virat Kohli Suggested for Awareness Campaign

The court urged authorities to make public awareness a central part of their response, particularly given pollution’s impact on children and life expectancy.

It suggested involving prominent personalities, naming cricketer Virat Kohli as an example, to explain the consequences of firecracker use.

The bench also recalled Diwali’s association with lamps and light, drawing attention to the pollution caused by burning crackers.

Delhi Lists Winter Preparations

Additional Solicitor General Aishwarya Bhati, appearing for the Delhi government, acknowledged that pollution had increased during last year’s permitted firecracker-use period.

She said authorities had strengthened preparations for the coming winter, citing 608 anti-smog guns, expanded monitoring, electric vehicle charging infrastructure, greening initiatives and road repairs.

The court, however, emphasised that plans and affidavits had to be backed by demonstrable enforcement.

With inputs from ANI