Background Note on Green Crackers
Background Note on Green Crackers
I. Directions of Hon’ble Supreme Court of India in writ petition (Civil) No. 728/2015
Hon’ble Supreme Court of India in writ petition (Civil) No. 728/2015 in its order dated 23
October 2018 directed that the crackers with reduced emission (improved crackers) and
green crackers, only would be permitted to be manufactured and sold. The relevant
directions are as reproduced below:
The crackers with reduced emission (improved crackers) and green crackers, as
mentioned in Suggestion Nos. II and III above only would be permitted to be
manufactured and sold.
As a consequence, production and sale of crackers other than those mentioned
in Suggestion Nos. II and III is hereby banned.
The manufacture, sale and use of joined firecrackers (series crackers or laris) is
hereby banned as the same causes huge air, noise and solid waste problems.
The sale shall only be through licensed traders and it shall be ensured that these
licensed traders are selling those firecrackers which are permitted by this order.
No e-commerce websites, including Flipkart, Amazon etc., shall accept any
online orders and effect online sales. Any such e-commerce companies found
selling crackers online will be hauled up for contempt of court and the Court may
also pass, in that eventuality, orders of monetary penalties as well.
Barium salts in the fireworks is also hereby banned.
PESO is directed to review the clinical composition of fireworks, particularly
reducing Aluminum content, and shall submit its report in respect thereof within a
period of two weeks from today. For undertaking this exercise, PESO would also
associate FRDC.
Even those crackers which have already been produced and they do not fulfill the
conditions mentioned in Suggestion Nos. II and III above will not be allowed to be
sold in Delhi and NCR.
PESO will ensure fireworks with permitted chemicals only to be
purchased/possessed/sold/used during Diwali and all other religious festivals, of
any religion whatsoever, and other occasions like marriages, etc. It shall test and
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check for the presence of banned chemicals like Lithium/Arsenic/
Antimony/Lead/Mercury.
PESO will ensure suspension of the licenses of manufacturers of such fireworks
items and appropriate disposal of such stock.
PESO will ensure that only those crackers whose decibel (sound) level are within
the limits are allowed in the market and will ensure to take action by suspending
the licenses of the manufacturers on such violations and disposal of such lots. To
add to it, as mentioned in the order dated September 12, 2017, the directions
issued and restrictions imposed in the order passed by this Court on July 18,
2005 in Noise Pollution (V) shall continue to be in force.
Direction Nos. 4 to 9 and 11 contained in the order dated September 12, 2017
shall continue to operate and are reiterated again.
Extensive public awareness campaigns shall be taken up by the Central
Government/State Governments/Schools/ Colleges informing the public about
the harmful effects of firecrackers.
On Diwali days or on any other festivals like Gurpurab etc., when such fireworks
generally take place, it would strictly be from 8:00 p.m. till 10:00 p.m. only. On
Christmas even and New Year eve, when such fireworks start around midnight,
i.e. 12:00 a.m., it would be from 11:55 p.m. till 12:30 a.m. only.
The Union of India, Government of NCT of Delhi and the State Governments of
the NCR would permit community firecracking only (for Diwali and other festivals
etc. as mentioned above), wherever it can be done. For this purpose, particular
area/fields would be pre-identified and predesignated by the concerned
authorities. This exercise shall be completed within a period of one week from
today so that the public at large is informed about the designated places one
week before Diwali. The areas designated now for the purpose of Diwali shall be
valid for community firecracking on other occasions/festivals as well, as
mentioned above. Even for marriages and other occasions, sale of improved
crackers and green crackers is only permitted.
Insofar as other States are concerned, an endeavour shall be made by them also
to explore the feasibility of community firecracking. However, it is made clear that
Direction No. (xiv) pertaining to the duration within which fireworks can take place
on all such occasions would be applicable throughout India. Similarly, Direction
No. (xiii) for extensive public awareness campaigns is also a pan India direction.
All the official respondents, and particularly the Police, shall ensure that fireworks
take place only during the designated time and at designated places, as
mentioned above. They shall also ensure that there is no sale of banned
firecrackers. In case any violation is found, the Station House Officer (SHO) of
the concerned Police Station of the area shall be held personally liable for such
violation and this would amount to committing contempt of the Court, for which
such SHO(s) would be proceeded against.
CPCB and respective State Pollution Control Boards/ Pollution Control
Committees (SPCBs/PCCs) of the States and Union Territories shall carry out
short-term monitoring in their cities for 14 days (commencing from 7 days prior to
Diwali and ending 7 days after Diwali) for the parameters namely, Aluminum,
Barium, Iron apart from the regulatory parameters against the short-term Ambient
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Air Quality Criteria Values (AAQCVs) proposed by CPCB with regard to bursting
of firecrackers. This will help in generation of data on pollution caused by the
bursting of firecrackers and would be helpful for regulation and control quantity of
Aluminum, Barium and Iron used in the manufacture of firecrackers.
4. The concerned police authorities and the District Magistrates will ensure that
fireworks are not burst in silence zones that is, an area at least 100 meters away from
hospitals, nursing homes, primary and district health-care centres, educational
institutions, courts, religious places or any other area that may be declared as a silence
zone by the concerned authorities.
5. The Delhi Police is directed to reduce the grant of temporary licences by about 50%
of the number of licences granted in 2016. The number of temporary licences should be
capped at 500. Similarly, the States in the NCR are restrained from granting more than
50% of the number of temporary licences granted in 2016. The area of distribution of
the temporary licences is entirely for the authorities to decide.
6. The Union of India will ensure strict compliance with the Notification GSR No. 64(E)
dated 27th January, 1992 regarding the ban on import of fireworks. The Union of India
is at liberty to update and revise this notification in view of the passage of time and
further knowledge gained over the last 25 years and issue a fresh notification, if
necessary.
8. The Government of NCT of Delhi and other States in the NCR may consider
interacting with established medical institutions for issuing advisories cautioning people
about the health hazards of bursting fireworks.
9. The interim direction issued by this Court on 31st July, 2017 prohibiting the use of
compounds of antimony, lithium, mercury, arsenic and lead in the manufacture of
fireworks is made absolute. In addition, the use of strontium chromate in the
manufacture of fireworks is prohibited.
11. Since there are enough fireworks available for sale in Delhi and the NCR, the
transport of fireworks into Delhi and the NCR from outside the region is prohibited and
the concerned law enforcement authorities will ensure that there is no further entry of
fireworks into Delhi and the NCR till further orders. In our opinion, even 50,00,000 kg of
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fireworks is far more than enough for Dussehra and Diwali in 2017. The permanent
licensees are at liberty to exhaust their existing stock of fireworks in Delhi and the NCR
and, if that is not possible, take measures to transport the stocks outside Delhi and the
NCR
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Do’s and Don’t’s for firecrackers
On Diwali days or on any other festivals like Gurpurab etc., when such fireworks
generally take place, it should strictly be from 8:00 p.m. till 10:00 p.m. only. On
Christmas even and New Year eve, when such fireworks start around midnight, i.e.
12:00 a.m., it should be from 11:55 p.m. till 12:30 a.m. only.
The crackers approved with reduced emission (improved crackers) and green crackers,
will be permitted to be manufactured and sold.
The manufacture, sale and use of joined firecrackers (series crackers or laris) is banned
as the same causes huge air, noise and solid waste problems.
The sale should only be through licensed traders and it should be ensured that these
licensed traders are selling those firecrackers which are permitted by Hon’ble Supreme
Court’s order.
No e-commerce websites, including Flipkart, Amazon etc., shall accept any online orders
and effect online sales. Any such e-commerce companies found selling crackers online
will be hauled up for contempt of court and the Court may also pass, in that eventuality,
orders of monetary penalties as well.
PESO will ensure suspension of the licenses of manufacturers of such fireworks items
and appropriate disposal of such stock and found presence of banned chemical for
fireworks.
Designated areas will be provided for community firecracking. The areas designated for
the purpose of Diwali shall be valid for community firecracking on other
occasions/festivals as well. Even for marriages and other occasions, sale of improved
crackers and green crackers is only permitted.
The concerned police authorities and the District Magistrates will ensure that fireworks
are not burst in silence zones.
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o Chairman and Member Secretary of Delhi Pollution Control Committee, Delhi
Harmful effects of bursting of firecrackers:
Health issues: throat, nose and eye-related problems, triggers problems such as asthma,
coughing, bronchitis, and can aggravate problems associated with lung disease, and in extreme
cases could cause nervous system breakdown and cognitive interference. firecrackers produce
extremely high levels of personal exposure to PM 10 and PM2.5 levels that are likely to have
significant short-term and long-term adverse health effects
Environmental issues: releases harmful gases and causes air pollution, noise pollution by
producing loud noises, global warming by releasing the greenhouse gas carbon dioxide in the
atmosphere after burning.
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