Bombay HC Reiterates Year-Round Ban On Firecrackers On Maharashtra Roads, Warns Of Cities Turning Into 'Toxic Gas Chambers'

Mumbai: Warning that unchecked celebrations are turning urban centres into “toxic gas chambers”, the Bombay High Court has reiterated a year-round ban on bursting firecrackers on public streets and roads across Maharashtra, stressing that festivities cannot come at the cost of public health.

Firecrackers Worsen Air Pollution

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A bench of Justices Girish Kulkarni and Neela Gokhale expressed concern over alarming air pollution levels in Mumbai, Pune, Thane, Navi Mumbai and Kalyan-Dombivli, particularly during the post-monsoon season. The court noted that the Air Quality Index (AQI) in some parts of Mumbai had recently touched 425, even before Diwali celebrations begin in November.

The bench observed that bursting firecrackers would add to the existing toxicity in the air, making it difficult for citizens to breathe clean air and carry on with their daily activities.

Court Flags Multiple Pollution Sources

“The celebrations certainly need to take place, however, they cannot be at the cost of breaching the legal and constitutional rights of thousands of citizens, who are seriously and adversely impacted,” the court said.

The judges noted that pollution was already being caused by several sources, including industrialisation, construction activities, bakeries and small manufacturing units. Adding firecracker emissions to these existing levels would further aggravate the situation.

“The societal cost in terms of such health hazards is too high, to be borne by those who silently suffer the ill-effects of toxic pollution,” the bench observed, emphasising that citizens must remain conscious of the rights of others.

Right To Clean Air Under Article 21

Invoking Article 21 of the Constitution, which guarantees the right to life, the court said no citizen could deprive others of their fundamental right to a pollution-free environment.

Advocate General Milind Sathe opposed a blanket ban on firecrackers and argued that their use should instead be regulated under existing rules. He submitted that firecracker manufacturing was already governed by regulations under the Environment (Protection) Act.

Restrictions Apply Throughout Year

Referring to Mumbai’s population of around 1.5 crore, he argued that the state government could not be expected to police every citizen intending to burst firecrackers.

The court clarified that its earlier orders dated September 22, 2026, applied to festivals throughout the year and were not restricted to any particular celebration. The restrictions also cover silence zones near hospitals, educational institutions and courts.

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The bench directed the Maharashtra Pollution Control Board, municipal corporations and police to establish complaint mechanisms, appoint nodal officers and launch public awareness campaigns within a week. Field staff are to be equipped with decibel meters to monitor noise levels.

The court also suggested involving public figures in awareness campaigns and urged firecracker dealers to promote green firecrackers that generate less noise and air pollution.

The matter has been adjourned to November 25, 2026, for a compliance review.

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