New Delhi: The Supreme Court has said plainly what it thinks of a decade of Deepavali enforcement: its orders have been breached "left and right".
A bench of Justices M.M. Sundresh and P.B. Varale made the observation on Thursday while hearing the long-running litigation on firecrackers and air quality. The court said the right to religious freedom was subject to public health and to the protection of other fundamental rights.
The bench declined to convert its position into an outright, nationwide ban on all firecrackers. A complete ban, the court said, could have a "spiralling effect" — the phrase it used while weighing what such an order would do to livelihoods, licensed traders and the festival economy.
What it did was push the burden of enforcement forward. The Centre and the Delhi government have been asked to ensure action against the sellers of spurious and banned crackers — the unlicensed, oversized and chemically dubious stock that has been at the centre of the seasonal spike in particulate pollution.
The court's orders over the years have rested on two levers: the chemical composition of what is sold, and where and when it may be burst. Barium-based and other prohibited formulations have been barred, and the sale of joined crackers and crackers above permitted decibel limits has been restricted. Enforcement, however, has remained with state police and pollution boards, and the court's own record shows the gap between order and ground.
Delhi's air has been the backdrop to the case for years. This October, the capital has had a comparatively clean run — the average Air Quality Index for October 1 to 29 was about 191, with no single day above 300, against 12 such days in October 2024 and eight in October 2025.
The weather has helped. Overnight rain on Thursday and Friday brought the 24-hour reading down sharply, and the IMD has forecast more showers through the day.
The festival itself is days away. What the bench has signalled is that the next round of litigation will be about sellers and stock, not about the right to celebrate.