NEW DELHI, Oct. 12 -- The Supreme Court on Monday said it would seek a balanced approach to regulating firecrackers in Delhi-NCR, observing that religious sentiments should be respected without overlooking the health and environmental consequences of their use. During the hearing, Justice Joymalya Bagchi questioned the association between bursting firecrackers and religious practices, while a lawyer argued that the activity did not constitute a fundamental religious right.
A bench headed by Chief Justice of India Surya Kant indicated that restricting firecracker use to specified hours could offer a practical solution to the longstanding dispute over festive celebrations and air pollution. The court also emphasised public awareness and civic responsibility, observing that restrictions alone might not achieve the intended results without voluntary cooperation from citizens.
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The Chief Justice said the court did not intend to disregard religious sensitivities while addressing concerns over deteriorating air quality. "We will not hurt religious sentiments, but we will see what a balanced approach can be," he observed.
The bench noted that there was still sufficient time to appeal to citizens and consider arrangements under which firecrackers could be used during designated hours. It also stressed the importance of public cooperation in implementing any restrictions, particularly during the winter months when Delhi and neighbouring areas experience severe air pollution.
The Chief Justice observed that imposing a blanket prohibition might not necessarily prevent people from bursting firecrackers. He remarked that an outright ban could prompt some individuals to use them during the daytime instead, highlighting the difficulties associated with enforcing restrictions without public participation.
The court said greater awareness among citizens and civil society about the prevailing environmental situation could help encourage responsible behaviour.
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During the proceedings, the bench examined arguments linking firecracker use with religious freedom. Justice Bagchi questioned the basis of that association, asking, "What do firecrackers have to do with religion?"
A lawyer appearing in the matter argued that while worship constituted an expression of religious belief, bursting firecrackers could not be treated as an essential component of religious freedom.
The lawyer also remarked that even God would be surprised by attempts to justify firecracker use in the name of religion, particularly when pollution affected public health.
The exchange brought into focus the distinction between protecting religious practices and regulating activities that may have consequences for the wider population.
Chief Justice Surya Kant reiterated that the court would consider religious sentiments while examining the appropriate restrictions. He suggested that public awareness and voluntary restraint could form part of a workable solution, rather than relying entirely on prohibitory orders.
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The proceedings arise from a case dating back to 2015, in which the Supreme Court has issued several directions concerning the manufacture, sale and use of firecrackers. The restrictions have been particularly significant for Delhi-NCR, where winter pollution is aggravated by a combination of emissions, weather conditions and other environmental factors.
The court had previously imposed a blanket prohibition on firecrackers in Delhi before subsequently allowing the sale and use of approved green firecrackers for a limited period around Diwali in 2025.
During an earlier hearing on September 30, a bench comprising Justices M M Sundresh and P B Varale indicated that it was inclined to consider permitting firecrackers subject to conditions. The judges examined the possibility of regulating the duration and types of firecrackers allowed, rather than imposing an unrestricted prohibition or allowing their use throughout the day.
The issue has remained contentious because of competing concerns surrounding religious celebrations, public health, environmental protection and the livelihoods of those involved in the firecracker industry.
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The court is also awaiting technical findings concerning the environmental impact of certain categories of firecrackers. Additional Solicitor General Aishwarya Bhati had earlier sought time until October 15 to submit the Central Pollution Control Board's report on barium-based firecrackers, informing the court that outdoor testing remained incomplete.
The findings are expected to assist the court in examining the safety and environmental implications of different firecracker formulations and determining whether additional restrictions are necessary.
The matter is scheduled for further hearing on October 15. The bench has not announced a final decision on the extent of restrictions that will apply during the forthcoming festive period.
For now, the court's observations indicate that it is examining a regulatory framework that accommodates religious sensitivities while placing limits on activities contributing to air pollution. The emphasis remains on finding enforceable restrictions supported by public cooperation rather than treating prohibition and unrestricted use as the only available alternatives.
Published by HT Digital Content Services with permission from Millennium Post.