SC Permits Green Cracker Manufacturing but Bans Sale in Delhi-NCR — Here’s Why

The Supreme Court allowed manufacturers with valid certificates from the National Environmental Engineering Research Institute (NEERI) and the Petroleum and Explosives Safety Organisation (PESO) to produce green crackers, according to ANI.

The bench also made it clear that the manufacturers must ensure that the sale of crackers is halted in Delhi and National Capital Region (NCR) until orders. The next hearing for the matter will be held on October 8.

ANI further reported that the complete ban may not be practical and ideal as inspite of complete ban on crackers in earlier years, an absolute on ground implementation could not be achieved.  Citing the example of rise of illegal mining mafias upon complete ban on mining in Bihar, the bench said that a balanced approach must be adopted.

The bench also ordered the Centre to come with a solution after taking all the stakeholders, including the Delhi government, manufacturers and sellers of fire crackers, on board.

During the hearing, senior advocate Aparajita Singh told the court that complete ban should be enforced on firecrackers including their manufacture as allowing the manufacturing in NCR will eventually lead to their sale and use in the prohibited areas.

The counsels appearing for manufacturers urged the court to allow manufacturing within strict conditions by declaring the quantities on the websites along with all necessary declarations.

CJI then told Centre, “What is the problem in allowing them to manufacture if they follow norms. There has to be solution,” adding that extreme orders will create problems and that the manufacturing should be permitted with no sale in NCR till further orders.

SC Sought Report from CAQM & NEERI

On September 12, Supreme Court has sought a report on the feasibility of allowing green crackers from Commission for Air Quality Management and NEERI by September 22 and had restrained authorities from cancelling licences of cracker manufacturers.

According to a TOI report, amicus curiae and senior advocate Aparajita Singh said that the elite either leave Delhi or use air purifiers during winters to avoid pollution and that it is the poor who sleep on footpaths or reside in slums who suffer the most from pollution.