Cities turning into gas chambers: Bombay HC extends firecracker curbs year-round

The Bombay High Court warned against uncontrolled firecracker use as pollution worsens across Maharashtra. It upheld year-round restrictions while directing authorities to strengthen awareness, monitoring and enforcement.

In Short

• Mumbai AQI touched 425 in some areas even before Diwali
• State agencies lack adequate studies on firecrackers' cumulative pollution impact
• Authorities must launch awareness campaigns within one week across multiple platforms

The Bombay High Court has warned that uncontrolled bursting of firecrackers amid rising air pollution could turn cities into “gas chambers”, stressing that the right to a clean and healthy environment cannot be sacrificed for festivities.

A bench of Justices GS Kulkarni and Dr Neela Gokhale, in an order passed on Thursday, said Mumbai and other cities in Maharashtra were already facing severe pollution, haze and smog.

The court noted that the Air Quality Index (AQI) in parts of Mumbai had recently reached 425 even before Diwali.

The judges observed that despite the availability of rules and regulations to control pollution, conditions had shown little improvement, leaving citizens exposed to its harmful effects.

“Things hardly improve and people continue to suffer and be victims of such environmental pollution,” the bench said.

The court also highlighted the cumulative impact of thousands of people bursting firecrackers simultaneously.

It noted that adequate studies by state agencies on the collective impact of firecrackers were lacking, while smoke, fumes and toxic substances released during celebrations added to existing pollution and posed risks to public health.

“Unless the citizens rise to the need of the situation, and become conscious of the long term hazards of living in cities, which for such reason are converted into gas chambers, things would worsen,” the bench observed.

RIGHT TO CLEAN ENVIRONMENT CANNOT BE COMPROMISED

The High Court referred to Article 21 of the Constitution, which guarantees the right to life and has been interpreted to include the right to a clean and healthy environment.

“No citizen can have any right to deprive the fundamental rights of the fellow citizens,” the court said, emphasising the responsibility of the State to ensure that cities remain “pollution free and habitable”.

The observations came amid concerns over worsening air quality ahead of Diwali, when firecracker use can add to existing pollution levels.

COURT REITERATES BAN ON FIRECRACKERS IN PUBLIC AREAS

The bench clarified that its September 22 order applies throughout the year and covers all festivals across Maharashtra, not just Ganpati celebrations.

It reiterated a complete ban on bursting firecrackers on public streets and roads. The court also imposed a complete restriction on their use in silence zones, including areas near hospitals, government offices, courts and schools.

The directions are intended to strengthen enforcement of existing restrictions and limit the impact of firecrackers on air quality and public health.

STATE, CIVIC BODIES TOLD TO STRENGTHEN ENFORCEMENT

The court directed the Maharashtra government, municipal corporations and the Maharashtra Pollution Control Board to establish an awareness mechanism within one week.

The campaign must include awareness programmes in schools and publicity through electronic and social media, public transport and other platforms.

Authorities were also asked to encourage citizens to use green crackers with lower emissions and follow prescribed time limits for bursting firecrackers.

The bench further directed authorities to establish dedicated complaint mechanisms and appoint nodal officers to coordinate enforcement.

Field staff must be equipped with decibel meters and other devices to measure pollution levels, while complaints about violations should be addressed promptly.

The directions place responsibility on state agencies and local authorities to ensure that restrictions are communicated effectively and violations are dealt with.

The matter has been adjourned to November 25, 2026.

- Ends