The Supreme Court on Friday asked why the blanket ban on firecrackers should apply only to Delhi and the National Capital Region (NCR) and not the entire country [MC Mehta vs. Union of India].

A bench of Chief Justice of India (CJI) BR Gavai and Justice K Vinod Chandran stressed that citizens across India are equally entitled to clean air, and pollution-free air cannot treated as a privilege to be limited to the capital region alone.

It questioned why clean air should be limited to citizens in Delhi and its surrounding areas, while people in other cities are left exposed to the same health hazards.

“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 only they get pollution free air. I was in Amritsar last winter and the pollution was worse than 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,” the Bench said.

The Court was hearing pleas filed by fireworks traders against the complete year-round ban on manufacture, sale and use of firecrackers in the NCR region.

Senior Advocate DS Naidu, appearing for the Federation of Fireworks Traders, recalled that the Court had earlier refused to entertain applications unless manufacturers demonstrated safer methods of production to reduce pollution.

Senior Advocate K Parameshwar said that while there was no complete ban in 2018, the Court had in April this year imposed a year-round prohibition.

This would impact families of those engaged in manufacture or trade of crackers.

“Five lakh families are dependent on this trade. Some way has to be found out. I understand that between October and February there are pollution concerns, but a complete ban on manufacture, trading and selling has a severe impact,” Parameshwar submitted.

Amicus Curiae Senior Advocate Aparajita Singh clarified that the current ban operates only in NCR.

When she said elites leave Delhi during high pollution, CJI Gavai responded that the problem of air quality extends far beyond the capital and could not be treated as an NCR-centric issue.

Additional Solicitor General Aishwarya Bhati informed the Court that the issue of green crackers was already being examined by the National Environmental Engineering Research Institute (NEERI) with scientific consultations underway.

Parameshwar added that manufacturers were cooperating with NEERI to develop acceptable formulations, but the blanket ban was now leading to cancellation of licenses.

“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,” he submitted.

The bench then directed the authorities to maintain status quo with respect to existing licenses and asked the Additional Solicitor General to seek a report from the Commission for Air Quality Management (CAQM).

The matter will be heard next on September 22.

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