Firecracker Ban

Firecracker Ban


A Writ Petition W.P.(C) 728/2015 (Arjun Gopal & Ors Vs Union of India & Ors) was filed before the Hon’ble Supreme Court in 2015 seeking, among other things, a complete ban on sale of firecrackers during the Diwali festive season in the National Capital Region (NCR). Pursuant to the Supreme Court’s Order dated October 9, 2016 wherein a blanket experimental ban was imposed in the NCR for the Diwali of 2017, the Indic Collective Trust filed an Intervention Petition before the Supreme Court seeking revocation of the ban and reinstatement of the more calibrated order of September 12, 2017.

Our Legal mentor as well counsel in the case, Advocate J. Sai Deepak argued before the Supreme Court that firecrackers burnt during Diwali festivities cannot solely be blamed for extreme pollution in NCR. Reports by National Environmental Engineering Research Institute (NEERI), and by a Parliamentary Standing Committee were placed before the Court to support the arguments. A blanket ban on fireworks during Diwali festivities also disregard the rights granted by the Indian Constitution under Articles 19(1)(g) and 25(1). Firecracker industry is a highly regulated one that is open for more reasonable restrictions and sustainable guidelines in order to support both causes. A blanket ban would ensure the industry running into losses and a gradual annihilation. Reliable scriptural texts and compilations were also produced before the Hon’ble Court to support use of fireworks to celebrate Deepavali which has been an ancient religious practice.

The Hon’ble Supreme Court in agreement with these submissions, ruled out imposing a blanket ban on sale of firecrackers on Diwali and framed certain conditions and guidelines for use and sale of the same. The Supreme Court directed that crackers with reduced emission (improved crackers) and green crackers, only would be permitted to be manufactured and sold. Petroleum & Explosives Safety Organisation (PESO) has been directed to review the clinical composition of fireworks, particularly reducing Aluminum content and setting standards and norms for green crackers. The Order of SC and ICT’s petition are available below.


ICT Diwali firecracker petition

SC’s Order dated 23.10.2018