Dismayed by the brazen violation of the firecracker ban, the Supreme Court on Monday opted for a regulated approach, allowing the sale and bursting of certified green firecrackers in Delhi-NCR between 6 am and 7 am and 8 pm and 10 pm on November 7 and 8, ahead of Diwali. The SC, however, made it clear that it would reinstate a complete ban on firecrackers from November 9. Diwali falls on November 8 this year.
The use of firecrackers shall be confined between 6 am and 7 am and between 8 pm and 10 pm on the two days, ie, the day before and on the Diwali day. Besides, bursting of crackers won’t be allowed within a 300-metre radius of hospitals, nursing homes, primary and district health centres, and any notified silence zones. These areas will be declared ‘No-Cracker Zones’ and marked on the ground and published, the Supreme Court order read. The same restriction will also apply to educational institutions.
A bench of Justices MM Sundresh and Prasanna B Varale rued the non-implementation of its earlier directions and the measures authorities have taken to curb firecracker bursting in Delhi-NCR. The bench said that it was opting for a regulated approach rather than a blanket prohibition, noting that the earlier complete ban had neither significantly improved air quality nor prevented the illegal sale and use of conventional firecrackers. It also pointed out that restrictions had repeatedly been violated, with conventional crackers being sold under the guise of green firecrackers.
“Hence, this court is inclined to regulate the manufacture, storage, sale and bursting of green firecrackers, instead of maintaining the complete ban on the same, for a temporary period, in view of the aforesaid discussion,” the Bench said.
It said that while considering the detrimental effect due to the potential entry of illegal firecrackers in the Indian market and to balance the competing interests, the top court on October 15, 2025 passed an order relaxing the complete ban that was imposed previously.
“Unfortunately, we find that the State has utterly failed in complying with the directions thereunder,” it said, adding, “Thereafter, the situation has not improved even after resumption of the complete ban on firecrackers.”
The bench said a note submitted before it by an advocate assisting as an amicus curiae also showed that despite the complete ban, AQI levels spiked significantly on the day of Dussehra and the following day this year.
Observing that bursting firecrackers would certainly cause pollution, the bench said the right of an individual to engage in a particular practice, which may have a religious colour, is only a qualified one and cannot go beyond the constitutional restrictions.
At the same time, the bench acknowledged Diwali’s religious, social, psychological and emotional significance, describing it as a festival that had acquired a national and international character over centuries. Tracing the use of firecrackers in India to the introduction of gunpowder, it noted that ancient Hindu scriptures, including the Skandapurana and Padmapurana, referred to the use of lamps as a ritual associated with the festival.
Speaking on a complete ban vs regulation of firecrackers, the bench said, “Imposition of a blanket ban seems to be the ideal solution, but the Court is short of adequate data” to decide whether a complete ban would be the best solution. The Court said it has not been furnished adequate data on whether the complete ban imposed in Delhi-NCR in 2024 “has served its purpose”, noting that there has been no significant improvement in the Air Quality Index (AQI) readings despite the 2024 ban.
“The firecracker and fireworks manufacturers who possess valid certification for the Green Crackers, as certified by the CSIR-NEERI, as well as PESO, are permitted to manufacture only those green crackers that have been uploaded on the website of CSIR-NEERI from 2.11.2026 to 6.11.2026. The boxes containing the green crackers must be completely sealed to ensure that they are not mixed with any of the unauthorised or conventional firecrackers. E. There shall be no manufacture or sale of firecrackers joined in series (‘ladis’) and garlands. It is reiterated that the use of firecrackers with Barium and those not approved by the CSIR-NEERI as Green Crackers shall not be permitted,” the bench said.
Introducing restrictions on sale and use of firecrackers, the bench said Deepawali has “religious, social, psychological and emotional connotation amongst people”, creating a positive atmosphere of hope, welfare and prosperity. “Allowing the environment to degrade, which results in a health hazard to all the living beings, defeats the very purpose of the festivities.”
The bench said that while firecrackers undoubtedly contributed to pollution, measures taken by authorities, either following judicial directions or on their own, had failed to achieve the desired results. It stressed that the problem lay in implementation and called for better coordination among stakeholders and sustained monitoring beyond the festive season. “We are inclined to regulate the manufacture, storage, sale and bursting of green firecrackers, instead of maintaining the complete ban on the same, for a temporary period,” it said.
Developed by CSIR-NEERI (National Environmental Engineering Research Institute), green crackers are claimed to produce 30 per cent less pollution than conventional firecrackers. They contain reduced amounts of chemicals like barium and aluminium, and include additives that suppress dust and smoke. Green crackers are also said to produce less noise and burn for a shorter duration with controlled flames.
The bench also examined the issue in the context of religious freedom and the right to a healthy environment. It said the right to practice, profess and propagate religion under Article 25 of the Constitution was subject to public order, morality, health and other fundamental rights, including the right to life under Article 21, which encompasses the right to a healthy and pollution-free environment.
“The licences of traders that have been cancelled shall be restored for a temporary period commencing from November 4, 2026 to November 6, 2026, to facilitate the sale of approved green crackers purchased from CSIR-NEERI certified manufacturers,” the bench said. It directed the concerned authorities to require all firecracker manufacturers and traders in Delhi-NCR to furnish a monetary security, as determined by them.
It said the security deposit shall immediately stand forfeited if any manufacturer or trader of firecrackers violates any directions passed by the court and the regulations. The bench said district collectors/commissioners, in consultation with police, shall identify and designate locations in NCR to facilitate sale of green crackers. “The sale of firecrackers shall be strictly prohibited in any other location, other than the designated ones, including sale through online platforms,” it said.
The bench said authorities should continue regulating, implementing, and monitoring the process not only during the festival but, more importantly, thereafter.
FESTIVE RELIEF
· The use of firecrackers shall be confined between 6 am and 7 am and between 8 pm and 10 pm on the two days, i.e., the day before and on the Diwali day
· Bursting of crackers won’t be allowed within a 300-metre radius of hospitals, nursing homes, primary and district health centres, and any notified silence zones
· All these areas will be declared ‘No-Cracker Zones’, and the same restriction will also apply to educational institutions
Political heat over Dia MIRZA’S Diwali video
Mumbai: Actor Dia Mirza’s video celebrating an eco-friendly Diwali campaign sparked a political row on Monday, with Mumbai Mayor Ritu Tawde asking the Brihanmumbai Municipal Corporation (BMC) to take it down.
Interestingly, the BMC had roped in several celebrities, including Mirza, to appeal to citizens to avoid bursting firecrackers and celebrate an environment-friendly Diwali. The civic body had reached out to them following a Bombay High Court directive amid rising air pollution in the city. While Mirza’s clip urging people to avoid noise and air pollution was removed on Sunday, campaign videos featuring actors Madhuri Dixit and Nishigandha Wad, as well as cricketer Ajinkya Rahane, were retained on the BMC social media handles.
Mirza’s clip was removed on Sunday after Mumbai BJP Chief Ameet Satam objected to it in a social media post and tagged the BMC’s official account. “We don’t need lessons on how to celebrate #Diwali from @deespeak. Our traditions are deeply rooted in our culture,” the BJP MLA wrote.
Defending the BMC’s decision, Mumbai Mayor Tawde on Monday asserted that “we do not need Dia Mirza to teach how Hindus should celebrate Diwali”.
Addressing a press conference at the BMC, she also accused Mirza of consistently opposing Hindutva and speaking against the Narmada project in Gujarat, the Uniform Civil Code (UCC) and Prime Minister Narendra Modi.
“We do not need Dia Mirza to teach how Hindus should celebrate Diwali. We know how to celebrate our Diwali. You (Mirza) are pursuing your own agenda, a selective agenda, and your overall stance is becoming very clear. It shows that you are against Hindutva. That is why we have strongly opposed the video,” Tawde said.
“If we look at Dia Mirza’s entire profile, we can see that she has opposed the Narmada project and the Uniform Civil Code. She has also spoken against environmental issues that we were working on and opposed statements made by Prime Minister Narendra Modi. We have consistently seen her opposition directed against Hindutva and those who work for it,” the mayor further claimed.
Tawde further reiterated that the BMC should not feature anyone in campaigns without approval from the mayor’s office.
Mirza is free to express her views through her personal social media account, the BJP leader added.
An upset Dia Mirza said in a post on social media, “Koi paise nahi liye hain. Bhalai ka zamana hee nahi raha (I did not charge (BMC) any fee (for the Diwali campaign). There is no goodness left in this era). Opposition leaders criticised the civic body for taking down the clip.
Shiv Sena (UBT) spokesperson and former mayor Kishori Pednekar questioned whether the civic administration had “become a slave of the BJP or its Mumbai president”.
BJP minister Nitesh Rane said, “Dia Mirza tweeted about Diwali, but she never tweets or offers such advice during Eid, Muharram or Bakri Eid.”
Shiv Sena spokesperson Shaina NC said, “Dia Mirza, whose name itself means light, should know that the Festival of Lights refers to Diwali. Everyone knows the need to be mindful of pollution and avoid bursting firecrackers.”
Union minister Ramdas Athawale said, “Dia Mirza belongs to the Muslim community, but this is not a matter of any particular community. In India, the Constitution given by Dr Babasaheb Ambedkar grants every religion the right to celebrate its festivals.”
“Just as Muslims celebrate Eid and observe Ramadan, members of the Hindu community also participate in these celebrations. If firecrackers are not burst, Diwali may lose some of its significance. However, we must also be concerned about excessive pollution,” he said.