In Brief
This judgment concerns the regulation of fireworks sales in Delhi and the National Capital Region (NCR) to combat severe air pollution. In November 2016, post-Diwali air quality measurements exceeded WHO standards by 29 times, prompting an interim ban on fireworks sales. Fireworks manufacturers challenged this ban, arguing other factors (vehicular emissions, crop burning, industrial pollution) were primary contributors. The Court held that while residents have a fundamental constitutional right to breathe clean air and fireworks do contribute to pollution, insufficient empirical data prevented establishing fireworks as the sole cause. The Court adopted a graded regulatory approach: stricter enforcement of explosives rules, prohibition of toxic chemicals in fireworks, 50% reduction in temporary licences, phased reduction of permanent licensee quantities, and mandatory public health education campaigns. The interim suspension was modified to allow regulated sales pending further research and air quality assessments.
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