NEW DELHI: The Supreme Court on Thursday refused to reconsider its ban on the sale and manufacture of firecrackers—including green ones—in the National Capital Region (NCR), emphasizing that the right to a clean and pollution-free environment is an integral part of the fundamental right to life under Article 21 of the Constitution.
A bench comprising Justices Abhay S. Oka and Ujjal Bhuyan dismissed arguments from firecracker manufacturers and traders, who claimed the ban infringed upon their right to trade and livelihood. They had urged the court to impose restrictions only for 3-4 months during winter and to allow the sale of green crackers, which purportedly reduce pollution levels by 30% compared to regular crackers.
The court, however, stood firm, pointing out the severe impact of air pollution on the common man. “Not everyone can afford air purifiers at home or work. Many people, including those working on the streets, suffer the most from pollution,” the bench observed.
It further noted that NCR constitutes only a small part of the country, and traders and manufacturers were free to operate elsewhere. The judges also rejected the argument for a seasonal ban, stating that firecrackers could be stockpiled and used even during restricted periods.
Regarding green crackers, the court highlighted the lack of scientific evidence proving they are pollution-free. “Unless it is shown that so-called green crackers cause minimal pollution, there is no question of reconsidering the decision,” the bench ruled.
