On 12th September, the Supreme Court asked why the ban on firecrackers is applied only in the Delhi-NCR region and not across the whole of India. The question was raised by a bench consisting of Chief Justice of India B.R. Gavai and Justice K. Vinod Chandran while hearing a petition filed by firecracker traders. These traders are challenging the year-round prohibition on manufacturing, selling, and using firecrackers in Delhi NCR.

The judges pointed out that every Indian has the same right to breathe clean air. They stressed that air quality cannot be treated as a special privilege for the people of Delhi just because the Supreme Court and the capital are located there. The court remarked: “If citizens in NCR are entitled to pollution-free air, then why not people of other cities? Just because this is the capital city, or the Supreme Court is situated in this area, it should not mean that only they get pollution-free air. I was in Amritsar last winter and the pollution was worse than in 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.”

Families depending on firecracker trade will face hardship: Senior Advocate K Parameshwar

The Court’s observation came after Senior Advocate K. Parameshwar reminded the bench that in a past order, the court had imposed a year-round ban on firecrackers. He argued that while a temporary ban during October to February could be justified due to high levels of pollution, a complete ban throughout the year would devastate lakhs of families working in this sector. He said: “Five lakh families are dependent on this trade. Some way has to be found. I understand that between October and February there are pollution concerns, but a complete ban on manufacturing, trading and selling has a severe impact.”

Supporting the need for a more balanced approach, Additional Solicitor General Aishwarya Bhati said that Delhi-NCR suffers the worst pollution during winter, but it is not merely an “elite issue.” She explained the harsh reality of living in such conditions: “My lords, we literally choke; in winters, it becomes impossible.” Bhati added that the ones who suffer the most are poor people—those without air purifiers or financial means to escape the city when pollution levels rise dangerously.

Chief Justice insists on nationwide air pollution policy

CJI Gavai reminded the court that pollution is not limited to Delhi NCR. Recalling his own experience from Punjab, he said that in Amritsar last winter, the air was worse than Delhi’s. Stressing the need for a unified response, he said: “Last winter I was in Amritsar, I was told that the air pollution in Punjab is worse than in Delhi….therefore whatever policy has to be there, the policy has to be on a Pan-India Basis- we cannot have a special treatment for Delhi because people of Delhi are elite citizens of this country.”

ASG Bhati informed the court that the National Environmental Engineering Research Institute (NEERI) has been conducting scientific consultations on firecracker formulations. She added that manufacturers have also been cooperating in this process. However, Parameshwar raised the issue of cancelled licences, explaining: “We have been taking our crackers to NEERI and asking them to certify what composition they want, what additives they want to bring down the pollution. Because of the complete ban they are starting to revoke all our licenses also. We have licenses up to 2028–2030. It’s a very tedious process to get those licenses.”

At the end of the hearing, the Supreme Court repeated its stand: “If firecrackers are to be banned, then let them be banned throughout the country.” The bench directed the Additional Solicitor General to get a report from the Commission for Air Quality Management (CAQM). Until then, the court ordered that the existing licences of firecracker makers should remain unchanged.