Regulated relaxation rather than prohibition: examine the Supreme Court's approach to firecracker regulation in the light of the right to clean air under Article 21.

Courts have read Article 21 to include the right to a pollution-free environment. On 30 September 2026, a Supreme Court Bench headed by Justice M.M. Sundresh ruled out a nationwide firecracker ban for Deepavali. It instead accepted CSIR-NEERI's "limited and conditional relaxation" for joined green crackers [1]. The approach tries to balance clean air against livelihoods and festival practice. It will protect clean air only if it is enforced.

The Court's approach: regulate the product, not ban it

• Conditions based on science: noise is capped at 125 dB(AI)/145 dB(C) peak. Emissions must stay within permissible limits, and shell size, shell number and bursting duration are prescribed [1].
• Controls at the source: only duly-licensed manufacturers may make crackers, and only with approved formulations [1]. Time windows for bursting are under consideration [1].
• Reliance on experts: the Court acted on CSIR-NEERI tests, which showed lower noise, particulates and solid waste than conventional crackers [1].

How this serves Article 21

• Proportionality: the Court chose the least restrictive measure that still cuts pollution. This also respects Article 19(1)(g) livelihoods and Article 25 practice.
• Lower pollution: green crackers were designed to cut particulate matter by about 30% [2].
• Keeping the trade legal, and so regulable: a ban would push production underground, where no formulation or safety norm applies.

Where it falls short of Article 21

• Less pollution is not clean air: a 30% cut [2] still leaves most emissions. If more people burst crackers because they believe them to be safe, total pollution can rise during winter smog.
• Weak checks at the point of sale: the green logo and QR code system [2] can be faked. Police at stalls cannot test chemical content.
• Open-ended timing: without fixed time windows, product rules cannot limit how much is burst [1].

Way forward

• Fix the time windows before Deepavali, and get PESO and the police to check QR codes at shops.
• Use the new Centres of Excellence for Green Firecrackers at NEERI-Nagpur and CECRI-Karaikudi [3] to test random samples bought from the market.
• Have State Pollution Control Boards publish noise and air-quality data from silent zones, as the Noise Pollution Rules, 2000 require protection for these zones.

Regulated relaxation is a proportionate middle path that combines science, licensing and time limits. If enforcement is backed by testing and public data, it can protect both livelihoods and the right to clean air under Article 21, in line with SDG 3 (good health) and SDG 11 (sustainable cities).