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The State had “utterly failed” in complying with the court’s orders, since 2015, to impose restrictions on fireworks, the Bench said. In fact, the situation had not improved even after the resumption of a complete ban on firecrackers | Photo Credit: JOTHI RAMALINGAM B
The Supreme Court termed the bursting of firecrackers during Deepavali a “religious practice”, which, if left unregulated, takes a heavy toll on the environment and on public health.
“Bursting of firecrackers, though constitutes a religious practice meant to celebrate the occasion, shall result in severe environmental pollution, especially air and noise, apart from the creation of solid wastes... Amongst human beings, children, disabled and the elderly people constitute the most vulnerable groups,” a Bench of Justices MM Sundresh and Prasanna B Varale observed in an order published on Monday (November 2, 2026).
The court permitted the bursting of certified green firecrackers between 6 am and 7 am and 8 pm and 10 pm on November 7 and November 8, 2026 in the Delhi-National Capital Region (Delhi-NCR).
“There shall not be any bursting of fireworks within a 300-metre radius of hospitals, nursing homes, primary and district health centres, old age homes and any notified silence zones. These areas will be declared as ‘no-cracker zones’, and shall be marked on the ground and published,” the court said in the 23-page order.
The same restriction would be applicable to educational institutions.
“We are conscious that the celebration of Deepavali has a religious, social, psychological and emotional connotation amongst people, creating a positive atmosphere of hope, welfare and prosperity. That being said, allowing the environment to degrade, which results in a health hazard to all the living beings, defeats the very purpose of the festivities, and the celebrations would be rendered nugatory,” the Bench reasoned.
‘Deepavali’ or ‘Diwali’ has partaken the character of a national festival, even an international one, regardless of caste, community and religion, the court said. The festival ushered in joy and prosperity to every individual for centuries. However, even ancient Hindu scriptures, including the Skandapurana and the Padmapurana referred to the use of only lamps as a ritual during Deepavali.
“With the introduction of gun powder in India a few centuries ago, the celebration underwent a change. This led to the introduction of bursting firecrackers, which have been extensively done for many years,” the court noted.
The unregulated use of firecrackers during the Diwali in the modern day had chronically led to a huge spike in the Air Quality Index (AQI) as well as pollution levels, including the release of particulate matter, the court said. In graphic detail, the court explained how microscopic particulate matter enters the usually resilient human body to cause “substantial damage”.
The Bench stressed that the right to practice, profess and propagate religion conferred under Article 25(1) of the Constitution was “certainly subject to public order, morality, health”. The right to life under Article 21 included the right to a healthy, safe and pollution-free environment.
“The right of an individual to engage in a particular practice, which may have a religious colour, is only a qualified one and cannot go beyond the Constitutional restrictions,” the Supreme Court held.
The State had “utterly failed” in complying with the court’s orders, since 2015, to impose restrictions on fireworks, the Bench said. In fact, the situation had not improved even after the resumption of a complete ban on firecrackers. A significant spike in AQI levels was evident on the Dasara festival day and the one following it. The “complete ban” had not only facilitated the illegal sale of firecrackers, but also prevented people from purchasing legitimate green crackers, the court said.
In a series of directions, the court ordered that only manufacturers certified by CSIR-NEERI (Council of Scientific and Industrial Research - National Environmental Engineering Research Institute) and PESO (Petroleum and Explosives Safety Organisation) would be permitted to produce green crackers between November 2 and November 6. The cracker boxes would be sealed and not mixed with any of the unauthorised or conventional firecrackers. There would be no manufacture or sale of firecrackers joined in series (‘ladis’) and garlands. Only firecrackers carrying product-specific QR codes would be allowed to be sold. Cancelled licences of traders would be restored temporarily from November 4 to November 6. Manufacturers and traders of firecrackers in Delhi-NCR must furnish a monetary security, which should be a “handsome amount” determined by the authorities.
Published on November 2, 2026
English (US) ·