Supreme Court Eases Delhi-NCR Firecracker Ban, Permits Green Crackers for Diwali

A History of Bans and Hazardous Air

The recent decision by the Supreme Court has to be viewed in the background of the tough line adopted by the court in the past against firecrackers in the National Capital Region. The court had temporarily banned all conventional firecrackers through the sale, purchase and bursting of firecrackers over a number of years. This radical action was a direct reaction to the very high and dangerous rates of air pollution that stifled the area especially at the time of winter. 

After Diwali, every year, the Air Quality Index (AQI) in Delhi and nearby cities would soar into the ranks of the severe and hazardous and would often reach a level higher than the maximum possible value of the scale. The area would be smothered in a blanket of toxic smog, a deadly blend of pollutants of various sources, such as stubble burning, motor traffic, and industry, which was considerably worsened by the massive popping of firecrackers.

This was an air quality crisis which was ranked as a public health crisis annually and subsequently caused school shutdowns and respiratory diseases outbreak with the elderly and children being the most affected. The judiciary intervention was the blanket ban, which was a move to safeguard the citizens in their right to breathe clean air and this has been construed by the judiciary as a crucial part of the right to life stipulated in Article 21 of the Constitution.

The introduction of green crackers is the main element of the changed order of the Supreme Court. The court indicated that these would be the only alternatives that would be permitted, which are environmentally friendly. Green crackers are not merely green colored crackers, they are a certain type of fireworks that were invented by the scientists working in the council of scientific and industrial research – national environmental engineering research institute (CSIR-NEERI).

These fireworks are made to have less environmental footprint. Their chemical formulation is not the same as the conventional crackers leading to a 30-40 percent cut in the emissions of particulate matter. Importantly, they are produced without dangerous and prohibited substances, such as barium nitrate, arsenic, and lithium, which are some of the key pollutants. The level of their noise is also limited to a certain level by the order of the court.

In a move to curb the effects, the court has as well set stringent time restrictions to the bursting of these green crackers. Similar to the past years, there is a fixed period of two hours (probably between 8:00 PM and 10:00 PM on the Diwali night) that has been required. This makes sure that even the lesser emissions of green crackers would be contained within a restricted time span and an entire night time volley of noises and smoke can be avoided. ✨

The Courtroom Debate: Livelihoods vs. Lives

The ruling of the Supreme Court followed an emotional outcry of both sides of the matter. On the one hand there were the firecracker manufacturers associations who claimed that a total ban was their death knell. They also emphasized that the existence of millions of individuals relied on the production and selling of fireworks which is a centuries-old enterprise that has existed within the Indian culture.

They contended that firecrackers form part and parcel of the Diwali festival and that it is a right to freedom of religion and culture and imposing a blanket ban is a violation of this right. The manufacturers also presented the fact that they were ready to conform to more environmentally friendly formulations, that the whole industry should not be penalized to the larger pollution issue, which has several factors involved.

Contrary to that, the grim picture of the public health crisis was shown by the environmental activists and health advocates on the other side. They provided information of the direct relationship between the bursting of crackers and the increase in hospitalization due to asthma and other respiratory conditions. According to them, the right to life and health had to be prioritized over any commercial or cultural interest, particularly when the air quality is at a very critical level. 

The Challenge of Telling Green from Mean

In though the order issued by the court is a compromise, its practical on-ground implementation presents a big challenge to the authorities. The main challenge will be that the law enforcement agencies will have to differentiate between the legitimate and certified green crackers and traditional, highly polluting ones. The green crackers are meant to have a special QR code and NEERI logo to verify but there is a high probability that fake products might be produced.

A huge enforcement and awareness campaign will be necessary so as to ensure that only licensed traders are selling these certified products and consumers are purchasing the right ones. There will be the necessity to hold extensive inspections by the police and the civil administration to avoid smuggling and selling prohibited fireworks. The success of the two hour time limit will also be wholly reliant on hard policing and collaboration by the community.

There has been mixed reaction to the ruling by the populace. The decision has been seen as a viable compromise that gives room to celebrate without being too insensitive to the issue of environment. Nevertheless, most environmentalists and health professionals are not convinced as they fear that even the green crackers will contribute to the already level of dangerously high pollution levels. They present that in a region where the aireshed is weak any more emission is a step backwards.