SC tells UP, Haryana to ban firecrackers

The Supreme Court on Thursday directed the states of Uttar Pradesh and Haryana to impose a complete ban on firecrackers until January 1, 2025, aligning with Delhi’s stringent year-round prohibition aimed at curbing air pollution. The court’s intervention comes as the air quality in the national capital remains in the “severe” category, with the Air Quality Index (AQI) reaching alarming levels due to calm winds and fog, trapping pollutants in the atmosphere.

A bench of justices Abhay S Oka and AG Masih, which is monitoring the implementation of pollution-control measures under a public interest litigation (PIL) filed by activist and lawyer MC Mehta, emphasised that Delhi’s ban on firecrackers would be rendered ineffective unless neighbouring NCR states adopted similar prohibitions.

During the hearing, senior advocate Shadan Farasat, representing the Delhi government, informed the court about the city’s comprehensive ban on the manufacture, sale, storage, and use of firecrackers under the Environment Protection Act. However, Farasat argued that the ban’s efficacy was compromised because people often bring firecrackers into Delhi from NCR states such Haryana and Uttar Pradesh. While the state of Rajasthan said it would also enforce a similar ban, Uttar Pradesh and Haryana expressed reluctance over a complete prohibition, prompting the bench to issue a judicial mandate.

In its order, the court stated: “We are of the view that this ban will be effective only when other states forming part of the NCR impose similar measures. For the time being, we direct the states of Uttar Pradesh and Haryana to impose a similar ban as enforced by Delhi under its order dated December 19, 2024.”

The bench added that it would consider issuing further directions in January 2025 after receiving compliance reports from the states.

Delhi’s AQI spiralled into the “severe” category earlier this week, prompting the Commission for Air Quality Management (CAQM) to invoke Stages 3 and 4 of the Graded Response Action Plan (Grap). These measures include a complete ban on construction and demolition activities, restrictions on industrial operations, and vehicular limitations, including banning BS-III petrol and BS-IV diesel four-wheelers in NCR.

Additional solicitor general Aishwarya Bhati apprised the bench on Thursday that Grap 4 measures were in force due to the drastic increase in AQI. The court recorded her submissions and ordered compliance with its previous order

The court also reminded Delhi-NCR states to extend subsistence allowances to daily wage workers affected by these restrictions. “We direct all the states to ascertain which workers are affected by Grap 4. While doing so, they should not rely upon the technicality of registration on the portal. If we do not find satisfactory compliance with our directions, we will initiate action under the Contempt of Courts Act, 1971,” the bench warned. It set a January 5 deadline for states to file responses detailing their efforts to identify affected workers and disburse subsistence allowances.

In addition to directing the states to ban firecrackers, the court addressed the need for robust monitoring of Grap 4 measures. Highlighting the challenges in enforcing these restrictions, the bench ordered the NCR states to constitute multiple teams comprising police, revenue, and other departmental officials. These teams will act as officers of the court and will be tasked with inspecting entry points to cities and ensuring compliance with Grap 4.

“The magnitude of the task requires NCR states to create multiple teams. These members will act as commissioners and submit regular reports on compliance and breaches to the respective governments and stakeholders. The reports shall also be forwarded to the CAQM for immediate action,” the bench directed. It further clarified that these teams would function independently of government agencies and must ensure strict adherence to Grap measures.

Thursday’s order builds on the court’s earlier observations from November, when it urged Delhi and NCR states to consider a permanent ban on firecrackers to combat both air and noise pollution. Back then, the bench had remarked: “This is the requirement not only to curb air pollution but noise pollution as well.”

The Delhi government had at the time assured the court that it would enforce a year-round prohibition.