Bombay High Court makes public road firecracker ban applicable year-round

Bursting firecrackers on public roads, footpaths, and streets across Mumbai is now prohibited throughout the year for every festival, the Bombay High Court ruled on Thursday.

A division bench comprising Justice G S Kulkarni and Justice Neela Gokhale expanded an earlier restriction that had been imposed during Ganesh Chaturthi, making the ban permanent across the calendar to protect public health and maintain civic order.

Why the court intervened

The bench acted ahead of Diwali, warning that toxic emissions from fireworks trigger severe spikes in ambient air pollution that disproportionately harm children and senior citizens. The judges observed that previous rules were frequently ignored on the ground, creating avoidable hazards on city streets.

"There is a state of lawlessness. We are all bound by the Constitution, and the rights of citizens are paramount. The problem is the non-following of law," the court remarked, emphasising that strict compliance is necessary to secure citizens' fundamental right to clean air and safe public spaces.

The court had initiated the proceedings on its own motion, taking suo motu cognisance of festive noise and air pollution during the Ganesh Chaturthi celebrations last month, when it first restricted fireworks on thoroughfares.

Directives to civic and environmental bodies

To ensure the ruling is effectively enforced across urban centres, the high court issued clear instructions to local administrative and environmental authorities.

The civic body and the MPCB must publish notices stating unequivocally that burning firecrackers across all public lanes, thoroughfares, and footpaths is strictly impermissible. Alongside enforcement notices, the authorities have been tasked with running targeted campaigns explaining the toxicity of firecracker smoke and the health risks associated with uncontrolled festive emissions.

Focus on public order and clean air

The order provides civic administrators and police authorities with an unambiguous mandate to keep transport corridors unobstructed and reduce seasonal respiratory distress. By applying the directive across all communities and celebrations year-round, the court established a uniform regulatory benchmark for urban environmental governance in Maharashtra.