In a significant ruling ahead of Diwali, the Supreme Court led by Chief Justice of India BR Gavai and Justice K Vinod Chandran, permitted the restricted use of green firecrackers in the National Capital Region, stressing that the celebration of festivals or business interests cannot come at the cost of people’s health, clean air and a pollution- free environment.

“The commercial considerations and the festive spirit should take a back seat when it concerns the environment and health,” observed the bench, as it partially lifted the year-long prohibition and allowed green crackers to be sold between October 18 and October 20, 2025.

Their use, however, has been restricted to October 19 and 20, within the designated time slots of 6 AM to 7 AM and 8 PM to 10 PM. Strict oversight by authorities has also been mandated to prevent the sale or use of any unauthorised cracker.

Recognising the deep cultural and religious connection of bursting crackers during Diwali and other celebrations, the Court noted that such customs cannot override the fundamental right to clean air.

“Bursting firecrackers is an expression of the festive spirit and it enhances the mood in religious and other auspicious ceremonies, embedded in the cultural milieu of India. However, that cannot lead to a situation of causing long term or even short term damage to health by an uncontrolled use, based only on traditions and cultural or religious norms.”

Acknowledging the sentiments of millions who celebrate with firecrackers, the Bench clarified that public well-being must always take precedence, as pollution directly affects vulnerable groups including children, senior citizens, and those suffering from respiratory ailments.

The judges further emphasised that despite previous bans, the illegal trade and smuggling of conventional firecrackers have continued to flourish, often causing greater environmental harm than the regulated “green crackers” approved by the National Environmental Engineering Research Institute. The judges called for a balance, stating, “We have to take a balanced approach, taking into account the conflicting interests and permit in moderation, while not compromising the environmental concerns arising,” the Court said.

The Bench also factored in the challenges highlighted by the States of Haryana, Uttar Pradesh, and Rajasthan, noting that prohibitions in the NCR affect vast territories across these regions. Haryana alone reported that 14 of its 22 districts fall within the purview of the NCR, posing administrative and economic difficulties.

The Court, while acknowledging these complications, reiterated that ecological preservation and public health would remain paramount concerns.

The judges observed that the real issue stems from excessive and uninformed use during festivities, remarking that “It is the rampant use by the general public, without awareness of its ill effects, that causes the problem,” underscoring the need for responsible celebration during festivals.

Case Details: MC Mehta v. Union of India WP (C) 13029/1985