Summary
In this 2018 order, the Supreme Court regulated fireworks through reduced-emission and green crackers, licensed sales, chemical and noise restrictions, and designated hours. It prohibited joined crackers, barium salts and online sales, with additional directions for Delhi/NCR, monitoring and enforcement. The Court applied the precautionary principle while reserving conclusive determination of trade, religious-practice and economic objections. Interlocutory applications were disposed of; the writ petitions remained pending.
Issues
- Whether scientific uncertainty and other pollution sources prevented regulation of fireworks.
- What interim restrictions would balance health protection and competing interests.
- Which directions applied nationwide and which specifically addressed Delhi/NCR.
Held
- Fireworks significantly contributed to air pollution even though they were not its sole cause. The precautionary principle permitted protective measures despite incomplete long-term studies and placed the environmental burden on the potentially harmful actor. (¶¶ 23, 24, 25, 26, 29, 30, 31, 32, 33)
- The Court adopted a balanced regulatory approach. Its discussion of trade rights, religious practice and economic hardship remained prima facie rather than a conclusive constitutional determination on a total ban; further studies could justify stronger measures. (¶¶ 34, 35, 36, 37, 38, 43, 44)
- Only the specified reduced-emission and green crackers were permitted for manufacture and sale. Joined crackers and barium salts were banned, sales restricted to licensed traders and online orders and sales prohibited. Non-compliant existing stock could not be sold in Delhi/NCR. (¶¶ 41, 42(i), 42(ii), 42(iii), 42(iv), 42(v), 42(vi), 42(viii))
- PESO was directed to enforce permitted chemical and noise limits, suspend violating licences and arrange stock disposal, and review composition with FRDC within two weeks. Specified earlier safety, licensing and other restrictions were reiterated. (¶¶ 42(vii), 42(ix), 42(x), 42(xi), 42(xii))
- The nationwide hours were 8–10 p.m. for Diwali and comparable festivals and 11:55 p.m.–12:30 a.m. for Christmas Eve and New Year’s Eve. Delhi/NCR authorities were to provide community-firework sites wherever feasible; other States were to explore feasibility. Public-awareness directions also applied nationwide. (¶¶ 42(xiii), 42(xiv), 42(xv))
- Police were to enforce time, place and prohibited-sale restrictions, with personal responsibility and contempt consequences for the concerned SHO upon violations. Pollution authorities were to undertake the specified fourteen-day monitoring. (¶¶ 42(xvi), 42(xvii))
- Interlocutory applications were disposed of in these terms. The writ petitions were directed to be listed on 11 December 2018 and were not finally disposed of. (¶¶ 45, 46)
Result
Directions issued regulating manufacture, sale and use of fireworks. Interlocutory applications disposed of; writ petitions retained and listed for 11 December 2018. Constitutional and economic objections to a total ban were not conclusively determined.