Mumbai advocate petitions NHRC over Deepavali pollution, carbide explosives, animal harm

In a detailed representation to the National Human Rights Commission (NHRC), Mumbai-based advocate Hitendra Gandhi has called for an urgent intervention to address the recurring public health-, environmental-, and animal welfare harms caused by indiscriminate firecracker bursting during festivals, particularly Deepavali. 

“The right to celebrate cannot override the right to live in safety and dignity. Regulation of carbide fireworks is now a matter of life, not just law,” Mr. Gandhi said. “The plea requests the NHRC to initiate a national study, issue public advisories, and recommend preventive regulatory action against the manufacture and use of unsafe carbide fireworks while preserving Diwali’s cultural and religious sanctity,” he added.  

The appeal, submitted in the aftermath of Deepavali 2025, draws on extensive data from government and independent sources showing post-festival spikes in air pollution, with PM2.5 levels reaching up to 700 µg/m³, nearly 12 times the permissible limit. Cities such as Delhi, Mumbai, Kolkata, and Bengaluru reported “very poor” to “severe” AQI levels within hours of Deepaali night, accompanied by surges in hospital admissions for respiratory ailments. Peer-reviewed studies and Central Pollution Control Board (CPCB) monitoring confirm that short-term exposure to firecracker pollutants poses serious risks to children, the elderly, and those with chronic illnesses. 

Mr. Gandhi also highlights the growing menace of illegal carbide-based firecrackers. In Bhopal, more than 60 people, mostly children, were hospitalised this Deepavali owing to explosions caused by calcium carbide devices. Bengaluru recorded more than 75 firecracker-related injuries, overwhelming local burn units. These homemade “carbide guns,” he warned, are outside any certified manufacturing or safety standard, yet circulate freely in markets and are promoted through online videos. “Their use has transformed celebration into a recurring public-safety crisis,” Mr. Gandhi said in the representation, urging the NHRC to recommend a nationwide ban on carbide-based firecrackers and the removal of online content that promotes their manufacture. 

Animal welfare groups have reported hundreds of injuries to pets and strays, while urban trees and waterbodies suffer from chemical residue and litter. He has proposed the establishment of emergency animal rescue networks, post-celebration cleanup operations, and leaf-dust and soil-residue testing to assess chemical impact. He also called for public awareness campaigns to promote compassion toward animals during festivals. “Sentient animals and urban vegetation are silent victims; their distress and damage undermine ecological stability which sustains human life,” the representation noted. 

The appeal goes further to argue that the yearly accumulation of pollutants imposes an environmental debt on future generations, framing the issue as one of intergenerational justice. He cited landmark judgments including Subhash Kumar v. State of Bihar, M.C. Mehta v. Union of India, and Arjun Gopal v. Union of India, which affirmed the State’s duty to protect citizens from pollution and uphold the right to life. 

Among the actionable requests, Mr. Gandhi urged the NHRC to commission a national study on festival-related pollution and animal distress, issue public advisories promoting green crackers and eco-friendly celebrations, and recommend State-level enforcement of certified cracker use, restricted bursting hours, and AQI-based controls. He has also called for mandatory post-festival reporting on pollution levels, injuries, and enforcement actions, with findings made public to ensure transparency and accountability. 

“The brilliance of any celebration… is measured not by the fire it burns, but by the compassion it kindles. When our skies suffocate with smoke, when animals tremble in fear, when trees darken under soot, and when lives are lost to reckless explosions, the light we claim to celebrate turns into its own shadow,” he said. The NHRC is yet to respond to the representation.