Graded regulation of fireworks balanced clean air rights, partial licence reopening, and strict pollution control measures.

A graded regulatory response was adopted for fireworks in Delhi and the National Capital Region, balancing public health and clean air against the absence of conclusive evidence that post-Diwali air quality deterioration was caused solely by fireworks. The interim suspension of permanent licences was partially relaxed, permitting limited reopening subject to strict compliance with the Explosives Rules and protective directions. At the same time, stringent controls were maintained and expanded, including restrictions on temporary licences, transport, sale and bursting, prohibition of specified toxic chemicals, and mandatory scientific assessment of health impacts. The approach reflects a calibrated response where pollution and health risks justify strict regulation, but not an absolute ban without sufficient evidentiary basis.

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Issues: (i) Whether the interim suspension of permanent licences for the sale of fireworks in Delhi and the National Capital Region should continue or be modified. (ii) Whether stricter regulatory measures, including prohibition of specified chemicals and control over temporary licences, transport, sale and use of fireworks, were required to protect public health and air quality.

Issue (i): Whether the interim suspension of permanent licences for the sale of fireworks in Delhi and the National Capital Region should continue or be modified.

Analysis: The Court balanced the acknowledged impact of fireworks on air pollution and health against the absence of conclusive empirical data attributing the post-Diwali air quality crisis solely to fireworks. It held that a complete continuation of the suspension would be too extreme on the material before it, but the health of residents and the right to breathe clean air required a calibrated approach. The Court therefore permitted a limited reopening of permanent licences, while keeping all sales subject to strict compliance with the Explosives Rules and the protective directions issued in the judgment.

Conclusion: The suspension of permanent licences was lifted for the time being, and the relief was granted in favour of the applicants only in part.

Issue (ii): Whether stricter regulatory measures, including prohibition of specified chemicals and control over temporary licences, transport, sale and use of fireworks, were required to protect public health and air quality.

Analysis: The Court held that the right to health and the right to breathe clean air justified stringent regulation of fireworks. It directed strict enforcement of the Explosives Rules, particularly the provisions governing marking, storage and temporary shops, restricted temporary licences, barred bursting in silence zones, prohibited further import into Delhi and the National Capital Region, and ordered a scientific study and committee-based assessment of the health impact of fireworks. It also made absolute the prohibition on the use of antimony, lithium, mercury, arsenic and lead in fireworks and extended the prohibition to strontium chromate.

Conclusion: The regulatory and prohibitory directions were upheld and expanded to ensure pollution control and protection of public health.

Final Conclusion: The modification application was disposed of with a partial relaxation of the earlier suspension, but subject to comprehensive restrictions on manufacture, sale, transport and bursting of fireworks, together with mandatory scientific study and future review.

Ratio Decidendi: Where air pollution and health hazards from fireworks are established but the material does not permit a conclusive attribution to fireworks alone, the Court may adopt a graded regulatory response that protects the right to health and clean air while avoiding an absolute ban unless fully warranted by the evidence.

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