The High Court has asked the state government to consider limiting the hours during which firecrackers can be burst across Maharashtra, rather than restricting the discussion to Mumbai alone. A bench comprising Justice Girish Kulkarni and Justice Neela Gokhale emphasised the need for the concerned authorities to take appropriate measures after considering the situation across the entire state.
The court referred to the Supreme Court's earlier decision on firecracker restrictions in Delhi-NCR and asked the Maharashtra government to examine the possibility of implementing similar time limits. The Supreme Court had previously permitted only green firecrackers in Delhi-NCR. It had also allowed firecrackers to be burst only during two designated time slots: from 6 am to 7 am and from 8 pm to 10 pm. These restrictions were introduced to control air pollution and protect public health.
While considering restrictions on firecrackers, the Bombay High Court also acknowledged the religious and cultural sentiments of citizens. The bench observed that celebrating festivals and participating in cultural traditions are constitutional rights of every citizen.
Referring to previous Supreme Court judgments, the bench emphasised that no individual can be prevented from celebrating a festival or be deprived of the opportunity to participate in celebrations and isolated on that account. The court indicated that measures to protect the environment and public health must also take citizens' religious and cultural traditions into consideration.
Responding to the High Court's suggestion, the Maharashtra government said it would not be possible to implement new regulations within such a short period, as Diwali falls in the same week. The government informed the court that there was insufficient time to introduce and enforce new rules before the festival.
Following the court's observations and the government's response, uncertainty remains over whether Maharashtra will introduce any restrictions on firecracker timings during this year's Diwali. The state's eventual decision will determine how the authorities balance concerns over air pollution and public health with citizens' constitutional rights to celebrate festivals.
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