By Adv Adarsh Varma| October 12, 2025
Delhi's Diwali celebrations have long been a dazzling spectacle, but
they've also ignited one of India's most contentious environmental and legal
battles. As the festival of lights approaches in 2025, the Supreme Court of
India's strict firecracker regulations, born from years of air pollution
crises, continue to dominate headlines. What started as targeted Diwali curbs
has morphed into a year-round ban across the National Capital Region (NCR),
clashing with cultural traditions, public health imperatives, and economic
realities. Under the BJP-led government that took power in February 2025, the
debate rages on, with a pivotal court verdict looming. This article unpacks the
judicial evolution, Delhi's toxic air emergency, and why this remains a
scorching legal flashpoint.
Judicial Journey: From Green Crackers to Blanket Prohibition
The Supreme Court's firecracker interventions stem from the decades-old
M.C. Mehta v. Union of India case, a cornerstone for environmental
jurisprudence in Delhi. In 2017, amid choking smog, the court imposed a
temporary Diwali ban, blaming fireworks for sharp rises in fine particulate
matter (PM2.5). The 2018 Arjun Gopal v. Union of India judgment struck a
compromise: only "green crackers" certified by the National
Environmental Engineering Research Institute (NEERI) and Petroleum and Explosives
Safety Organisation (PESO) for at least 30% lower emissions, were permitted,
with bursting limited to 8-10 p.m. and bans on online sales or toxic
barium-based variants.
Enforcement under the Aam Aadmi Party (AAP) government, which ruled
until February 2025, proved inconsistent. Diwali 2024 saw air quality indices
(AQI) soar beyond 450 "severe" levels despite green allowances,
exacerbated by cross-border stubble burning and vehicular exhaust. On November
4, 2024, the court initiated suo motu proceedings, rebuking authorities for
poor compliance and affirming Article 21's guarantee of a clean environment and
health.
Escalation followed swiftly. In December 2024, Justices Abhay S. Oka and
Augustine George Masih directed Delhi and NCR states to weigh a comprehensive
year round ban on manufacturing, storage, sale, and use, factoring in noise
pollution too. Delhi enacted it on December 19, 2024; Uttar Pradesh and
Haryana's NCR districts followed in January 2025. By April 3, 2025, the bench
deemed the ban "absolutely necessary," nullifying green cracker
exemptions, revoking manufacturer licenses, and threatening contempt for
violations. This crippled an industry employing thousands, mostly from
marginalized communities.
Delhi's Air Apocalypse: Fireworks as Catalyst
Delhi's pollution is a chronic killer, but Diwali fireworks act as an
accelerant. The city's AQI lingers in "poor" to "very poor"
ranges year-round, but festive bursts propel it into "severe"
territory, where even brief exposure risks respiratory failure. Centre for
Science and Environment (CSE) analyses reveal post-Diwali PM2.5 spikes of 61%
under partial bans, down from 117% pre-restrictions, but still deadly.
Firecrackers spew sulfur dioxide, nitrogen oxides, heavy metals, and ultrafine
particles that penetrate deep into lungs, triggering asthma, bronchitis, and
heart attacks.
Hospitals report Diwali surges: burns, eye injuries, and noise trauma
exceeding 140 decibels. Children, seniors, and the poor suffer most, lacking
access to purifiers amid systemic woes like Punjab-Haryana farm fires (160-600
daily in October-November), 10 million vehicles, and inversion-trapped smog.
Warmer 2024 Diwali nights worsened stagnation, rivaling global lows like
Lahore's infamous peaks.
The AAP era's Graded Response Action Plan (GRAP) lapses drew judicial
fire, but the February 2025 elections shifted gears. The Bharatiya Janata Party
(BJP) swept 48 of 70 seats, installing Rekha Gupta as Chief Minister on
February 20. Environment Minister Ashish Sood and Health Minister Pankaj Kumar
Singh have intensified enforcement: special police units, violator premise
seals, drone surveillance, and nodal officers for GRAP. Recent Air Act
amendments weakening penalties prompted court calls for stricter deterrence.
2025 Pivot: BJP's Pragmatism Meets Court Scrutiny
The new BJP administration has balanced rigor with realism. Ahead of
Diwali 2025, Sood's team has pushed tech driven monitoring while supporting
limited green cracker trials. In September-October 2025 hearings, Chief Justice
B.R. Gavai challenged Delhi's "elite" favoritism, advocating a
pan-India framework for equitable air quality.
On October 10, a bench including CJI Gavai and Justice K. Vinod Chandran
reserved orders on allowing NEERI/PESO certified green crackers for five days,
with QR app verification, licensed vendors only, and timed slots. Solicitor
General Tushar Mehta urged moderation, citing amicus curiae data showing
negligible long term AQI harm from controlled use. Environmentalists counter
with health perils, but Sood emphasizes chemical inspections to curb smuggling.
This "trial basis" could extend to events like weddings,
marking a thaw from the April ban's absolutism.
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