Supreme Court to take ‘balanced approach’ on firecracker ban, says won’t hurt religious sentiments

The Supreme Court on Monday (October 12) said that it would take a "balanced approach" to examining the issue of firecracker use, clarifying that this would not come at the cost of hurting religious sentiments. During the hearing, the bench led by Chief Justice of India (CJI) Justice Surya Kant-led bench noted that there was still enough time to appeal to the public and consider restricting firecracker use to specific hours.

The court is hearing a long-pending case concerning restrictions on firecrackers in Delhi-NCR during the winter months, when severe air pollution typically coincides with several festivals. "We will not hurt religious sentiments, but we will see what a balanced approach can be," the chief justice said.

Emphasising the need for a practical approach, the court also highlighted the importance of public awareness and civic responsibility. The chief justice remarked that it would help if citizens and civil society stayed informed about the prevailing situation and understood their responsibilities accordingly.

A lawyer argued during the proceedings that bursting firecrackers doesn't fall under the fundamental right to religious freedom. The lawyer said that worship is an expression of religious faith, but not bursting firecrackers. "Even God would be surprised," the lawyer remarked while making the argument. Justice Joymalya Bagchi asked why firecrackers are being linked to religion. "What do firecrackers have to do with religion?" he said.

Supreme Court observation on firecrackers

Chief Justice Surya Kant previously observed that as soon as the Supreme Court decides to ban firecrackers in Delhi-NCR, people will start bursting them during daytime. Earlier, Chief Justice Surya Kant observed that as soon as the Supreme Court bans firecrackers in Delhi-NCR, people will start bursting them during daytime.

The development unfolded amid the ongoing debate over the use of firecrackers in the national capital and the need to balance religious practices, keeping wider public concerns in mind. The court highlighted that there was time to explore a practical solution, including reducing the time frame during which the firecrackers could be used.

During a similar hearing on September 30, a bench comprising Justices MM Sundresh and PB Varale signalled that it was leaning toward accepting a proposal to allow firecrackers, albeit with certain conditions attached. Additional Solicitor General Aishwarya Bhati had requested an extension until October 15 to submit the Central Pollution Control Board’s (CPCB) report on barium-based firecrackers, noting that outdoor testing of these crackers had not yet been carried out.

These proceedings stem from a 2015 case in which the Supreme Court laid down a series of directions governing the manufacture, sale and use of firecrackers, largely in response to the worsening air quality across Delhi and the surrounding region.