SC calls for safer firecrackers, voluntary restraint over curbs

New Delhi: The Supreme Court on Monday called for a balanced approach on the use of firecrackers in Delhi-NCR, saying it would not hurt religious sentiments but people should voluntarily adopt safer practices in view of the health hazards posed by air pollution.

A three-member bench, comprising Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and V Mohana, was hearing the court's suo motu proceedings on air pollution in the National Capital Region, including firecrackers, crop residue burning and solid waste management.

"We will not hurt religious sentiments, but at the same time, people should themselves come forward and opt for it," CJI Kant verbally remarked, stressing that public awareness and voluntary restraint would be preferable to restrictions that could prove difficult to enforce.


The bench cautioned against issuing restrictive directions unless they could be implemented effectively on the ground. CJI Kant observed that orders limiting the use of firecrackers to specified hours might appear reasonable in court but could be ineffective in practice if the police could not monitor compliance across every street.

"We have to be extremely careful in passing an order unless we are in a position to make it manageable and enforceable," he said, advocating a practical approach that balanced public health with people's sentiments.

Justice Bagchi questioned the religious basis for bursting firecrackers. "What is religious about bursting of crackers?" he said, during a discussion on whether the practice could be justified despite the harm caused by pollution.

Senior advocate Aparajita Singh, assisting the court as amicus curiae, highlighted the health risks posed by air pollution, particularly to children, elderly people and those who were unwell. She pointed to the difficulties in enforcing restrictions on the ground.

The CJI said efforts should focus on making people aware of the harmful effects of different varieties of firecrackers and encouraging the use of less polluting alternatives. He suggested that the sale of highly polluting crackers could be restricted while safer varieties were promoted.

The bench also discussed the need to encourage people to celebrate festivals with fewer firecrackers, including by returning to practices centred on lighting lamps and sparklers.