In a landmark observation that could reshape India’s pollution control policies, the Supreme Court on Friday called for a nationwide ban on firecrackers, asserting that environmental protections cannot be limited to Delhi-NCR simply because it is home to the country’s “elite” citizens.
Context: The Delhi-NCR Ban Under Scrutiny
The Court was hearing a batch of petitions challenging its April 3 order that prohibited the sale, storage, transportation, and manufacture of firecrackers in the Delhi-NCR region. Firecracker manufacturers argued that the ban unfairly targeted their livelihoods and lacked uniformity across states.
Chief Justice BR Gavai, leading the bench, questioned the rationale behind restricting pollution control measures to Delhi. “If cities in NCR are entitled to clean air, why not people of other cities?” he asked. “We cannot make a policy only for Delhi just because they are the elite class of the country”.
A Call for Environmental Equity
The Court emphasized that the right to clean air is a constitutional guarantee under Article 21, and must be upheld for all citizens—not just those in metropolitan centers. Justice Gavai cited his own experience in Amritsar, noting that pollution levels there were worse than in Delhi during winter.
Senior advocate Aparajita Singh, acting as amicus curiae, added that elite residents often escape Delhi during pollution spikes, while street workers and low-income communities bear the brunt of toxic air.
Civic Impact and Policy Implications
The Court’s remarks signal a shift toward more inclusive environmental governance. By challenging the notion that pollution control should cater to urban elites, the bench foregrounded the disproportionate impact of air pollution on vulnerable populations.
The Court directed the Centre to consult with the National Environmental Engineering Research Institute (NEERI) and submit a report on permissible cracker compositions. It also asked the Commission for Air Quality Management (CAQM) to provide a status update ahead of the next hearing on September 22.
