Feb 21, 2022

The Firecracker Ban: Where do the Supreme Court and State governments stand?

The Supreme Court has confirmed the Calcutta High Court’s order to ban firecrackers in West Bengal. The Supreme Court said that although festivals are an important part of our culture, India is in the middle of a pandemic where protecting life is of the greatest value. The Court also held that citizens should encourage anything that helps in improving life for senior citizens and people with comorbidities.

 

In this context, what is the position of different States/Union Territories (UTs) on the firecracker issue?

 

State What is banned? What is allowed?
Chandigarh Total ban against selling or using any kind of cracker. Anyone who violates this is punishable under the Disaster Management Act, 2005 and the Indian Penal Code, 1860.
Delhi and National Capital Region (NCR) Total ban against selling or using any type of firecracker from midnight of 9th-10th November to midnight of 30th November. The National Green Tribunal imposed the ban. The Delhi Pollution Control Committee also issued orders to ban firecrackers in Delhi.
Haryana Total ban against selling or using firecrackers, only applicable in districts adjoining the NCR, from midnight of 9th-10th November to midnight of 30th November.  In districts of Haryana that do not adjoin the NCR, people can burst crackers for only two hours on Diwali.
Karnataka Ban against selling and bursting normal firecrackers. Selling and bursting green crackers.
Maharashtra Ban against bursting firecrackers in Mumbai. This was imposed by the Brihanmumbai Municipal Corporation (BMC). On the day of Laxmi Pujan (14 November), people in Mumbai can use small firecrackers like fuljhadi (sparklers) and anar or paus (fountain) within private premises.
Odisha Total ban against selling and using firecrackers from 10th to 30th November. Anyone who violates this is punishable under the Disaster Management Act, 2005 and other relevant laws.
Rajasthan Total ban against selling, using or allowing the use of any fireworks. Any shopkeeper who sells fireworks is punishable with Rupees ten thousand. Anyone who uses fireworks is punishable with Rupees two thousand.
Sikkim Total ban against bursting firecrackers.
West Bengal Total ban against bursting firecrackers during Kali Puja, Diwali, Chhat Puja, Jagadhatri Puja, and Guru Nanak’s birthday festivities. Ban against selling or purchasing firecrackers in November.