Our orders breached ‘left and right’, Deepavali was a festival of lights before gunpowder, Supreme Court says in firecrackers case

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A Bench of Justices M.M. Sundresh and P.B. Varale said the right to religious freedom was also subject to public health and the protection of fundamental rights. Image used for representational purposes. | Photo Credit: AP

The Supreme Court on Thursday (October 29, 2026) said its orders, year after year, to curb and even ban firecrackers during Deepavali, had been violated “left and right”.

A Bench of Justices M.M. Sundresh and P.B. Varale said the right to religious freedom was also subject to public health and the protection of fundamental rights.

Justice Sundresh said the incessant bursting of firecrackers takes a toll on the health of a large section of the population, including children, the aged, the sick, pregnant women, and specially-abled persons.

Justice Sundresh reminded that Deepavali is called the ‘festival of lights’.

“The problem might have started with gun powder,” the judge said.

The court was hearing a case on the increase in pollution as the festival drew near amidst the loud bangs of firecrackers.

“We understand the sentiments of the public. If we think in a logical sense, celebrations do boost morale,” Justice Sundresh said.

The court also empathised with officers’ hesitations to book criminal cases against ordinary people who were “enthusiastic” about celebrations.

Justice Sundresh said the court was not in favour of a complete ban.

“That may have a spiralling effect. But having said that, please do not push us to take harsh actions,” the Bench said.

The court asked Additional Solicitor General Aishwarya Bhati, for the Centre and the Delhi government, to ensure enforcement against sellers of spurious and banned crackers who want to draw maximum profit from the seasonal business.

“Traders will go by supply and demand… Your officers will have to forget their personal celebrations. They have to go out and see what is happening on the ground… So far, what are the measures you have taken… Show us your enforcement data… Be very serious in giving effect to our orders,” the judge said.

The court said the change has to come from within the people.

“Our orders are breached left and right. How many contempt petitions can be filed? Every year we try to balance it out… But, armed with our orders, pollution still takes place,” Justice Sundresh said.

The court proposed that the government take the help of celebrities like cricketer Virat Kohli to spread awareness against firecrackers.

In October 2025, the apex court had permitted the sale and bursting of green firecrackers in Delhi-NCR during Deepavali with conditions aimed at balancing tradition with environmental and health concerns. The court had at the time made it clear that use of green crackers would be confined to specific hours on the festival day and its eve.

Senior advocate Gopal Sankaranarayanan, for petitioner Arjun Gopal, said if construction could be banned to prevent pollution, crackers could receive the same treatment.

The court agreed to pronounce orders in a couple of days, and asked the government to file an affidavit on preventive measures taken so far.

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