It is that time of the year when there is an intense debate around the directions by courts regarding bursting firecrackers. We take a look at the Supreme Court order of 2018 & the recent NGT order that laid down guidelines for bursting firecrackers during any celebration. Every year, in October- November, the NCR of Delhi is in the headlines for its poor air quality. During the winter months, because of the low temperature and higher wind speed and humidity, particulate matter remains suspended in the air for a longer time than during other seasons. Thus, the emissions from automobiles, diesel generators, dust from construction sites, industrial pollutants and other fossil fuel emissions linger in the air for longer durations. Fumes from the millions of tons of crop stubble burned in the neighbouring agricultural states of Punjab and Haryana is also carried to the national capital which further deteriorates the air quality. At one point of time, breathing Delhi’s air was equivalent to smoking 50 cigarettes a day and flights had to be stopped due to the poor visibility. It is during this season that the festival of Diwali is celebrated. The issue of bursting firecrackers is again in the limelight, thanks to an NGT order and a string of court orders. Bursting of firecrackers releases toxic chemicals Numerous studies have highlighted the deterioration of air quality arising out of bursting firecrackers, mainly during celebrations with examples from India, USA, and China. Bursting firecrackers generate dense clouds which contain copious amount of harmful and toxic chemicals such as oxides of Sulphur and Nitrogen, in addition to the black carbon particles. Bursting firecrackers has been under scrutiny since long Time and again, the Supreme Court has provided directions with respect to bursting firecrackers, based on the petitions being requesting a ban on them in the light of noise and air pollution. Back in 2001, the Supreme Court (SC) stated that firecrackers could be burst only between 6pm and 10pm. Later in 2005, the Court directed the Petroleum and Explosives Safety Organization (PESO) to evaluate and take necessary measures to classify firecrackers into two- those which emit sound and those which emit colour/light. Since the stress was on curbing noise pollution back then, a complete ban on bursting of sound emitting crackers between 10pm and 6am was imposed. However, no restrictions were in place for colour/light emitting firecrackers. Writ petition filed in 2015 urging government to take measures to curb pollution in Delhi A writ petition was filed in 2015 on behalf of three infants- two were six months old and the third was fourteen months old. The petition was filed by their fathers out of concern for their children’s health because of the poor air quality in Delhi. In the petition, it was emphasized that the air quality hits its nadir during Diwali given the indiscriminate use of firecrackers which brings ‘the situation of ‘emergency’.’ The petition urged the court to take possible measures to keep the pollution level at check by considering the different contributors of pollutants. The petitioners further asked for a ban on any form of firecrackers during festivals and otherwise. SC imposed restrictions in bursting firecrackers instead of a blanket ban Following this petition, the SC directed the Central Pollution Control Board to conduct a research study to evaluate firecrackers on the basis of noise levels as well as chemical composition. Taking into consideration an Indian’s freedom of religion, freedom to carry on any occupation and business, and right to life, SC’s judgement in 2018 stated the following- NGT has called for complete ban on sale and use of firecrackers in areas with poor to severe air quality Further to this judgement, the National Green Tribunal has recently imposed a ban on sale and use of firecrackers between 09 to 30 November 2020 in those areas where the air quality is poor, very poor, and severe. In other areas, unless there are restrictions imposed by authorities, the directions stated in the 2018 SC Judgement are applicable. Only the sale and use of green firecrackers is to be permitted between 09 to 30 November. Thus, there is a complete ban in Delhi NCR region. The NGT’s order follows the initiatives taken by states like Rajasthan, Odisha, Sikkim, Delhi, and Chandigarh prohibiting sale and use of firecrackers to protect those infected with COVID-19 and other vulnerable groups. The NGT added that ‘air pollution aggravates COVID-19, not only crackers are to be banned/restricted depending upon air quality, all States/UTs, PCBs/PCCs must take special initiative to contain air pollution by regulating all other sources to pollution, particularly during COVID-19.