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As smog envelops India’s capital, whose air quality has remained between ‘severe’ and ‘severe plus’ in the last few days, the Supreme Court issued two directives to impose stringent curbs on air pollution.
On November 7, the apex court directed the state governments of Punjab, Rajasthan and Haryana to take immediate steps to halt stubble burning by farmers occurring in their respective states.
“We want it (stubble burning) stopped. We don't know how you do it; it’s your job. But it must be stopped. Something has to be done immediately,” a court direction during a hearing on the matter stated. The direction was inclined towards Advocate General of Punjab, Gurminder Singh.
“We do not care how you do it... it must stop. Whether by forceful actions at times and by incentives at other times... You have to stop the fire. Your administration must do so. Your local Station House Officer must be held responsible... from today onwards, they must start working on it," were the words of Justice Sanjay Kishan Kaul, the judge presiding over the court bench. A two-judge bench issued the order.
The Supreme Court Bench also directed that a meeting between the states of Punjab, Haryana, Rajasthan and Uttar Pradesh should take place tomorrow. This direction aims to ensure that crop burning is halted forthwith.
In another development on the same day, the court clarified its stance on the ban of barium and banned chemicals in firecrackers, stating, "the regulation is applicable across the country, binding all states and not just the Delhi-National Capital Region".
“At this juncture, no specific order will be necessary since this Court, in the course of hearing the petitions, has passed several orders where steps have been indicated to minimise and avoid air as well as noise pollution. Hence, the said orders will bind every state in the country, including the state of Rajasthan. Therefore, we make it clear that the state of Rajasthan should also take note of this and take all steps to minimize air and noise pollution, not only during the festival season but also thereafter," the Bench of judges said in the order.
Among the 10 cities with the worst AQI in the country as recorded at 11 am on November 7, five, three and one are located in Haryana, Rajasthan and Uttar Pradesh, respectively. Greater Noida, a city in the National Capital Region, whose AQI reading was 442 on the morning of the same day, exhibited the most adverse air quality among all locations across the country.
Every year, stubble burning and the bursting of crackers push up the pollution levels around Diwali period in Delhi and some other states. Even last year, in the run-up to Diwali, various agencies had undertaken several pollution control measures. There was a complete ban on firecrackers and control over the burning of farm crop stubble.
As reported then by DTE and others, the measures had not succeeded in addressing the Diwali pollution spike.
A plea was made in various petitions that were filed to seek a ban on the sale, purchase and use of firecrackers in India. The court has been considering the same since 2015.
It was argued in the plea: “There seems to be a perception that your lordships' orders are only restricted to Delhi-NCR, whereas your lordships have made it clear that it applies throughout the country. Without some direction, nobody will take any responsibility.”
Also, terming the situation of the not working of smog towers installed by the Delhi Government as per its prior directions as “ludicrous”, Supreme Court directed the former to repair them immediately.
"The message from the Supreme Court is clear. It is absolutely critical that the action builds momentum to eliminate the problem of stubble burning. Solutions are known and funding provisions have also been made. However, this needs a detailed strategy for state-wide implementation to ensure each and every farmer has affordable access to machines on time," said Anumita Roychowdhury, executive-director of Delhi-based think tank Centre for Science and Environment. "Moreover, the options of using stubble for industrial use as well as for power generation needs to be scaled up for straw to have an economic value. Much deeper reforms are also needed to reduce acreage under paddy cultivation and promote short-rotation varieties. This time-bound action needs to be monitorable and enabled."
Mohan P George, with the air pollution and clean mobility team at the Centre for Science and Environment, commented: "The Supreme Court of India, in its wisdom, has provided clarity on the ban on firecrackers in the NCR region, emphasising the usage of only eco-friendly green crackers and also in other parts of the nation. While I have reservations about the effective enforcement of this ban -- past years have shown less than satisfactory results -- given the current environmental circumstances, we cannot afford any breaches, and it is imperative for the authorities to wholeheartedly enforce this ban for the well-being of our future generations."
"The annual issue of agricultural residue burning gradually extends across the country, becoming a significant concern as winter approaches, particularly in the Indo-Gangetic Plain (IGP). The states where this issue originates should take proactive measures to address it. It is crucial to recognise that this is not solely a problem for Delhi; rather, it affects the entire IGP region, with Delhi representing just a small part of the larger issue," said George, who had formerly served as additional director at Delhi Pollution Control Committee.
Arvind Kumar, chairperson of the Centre for Chest Surgery & Lung Transplantation at Sir Ganga Ram Hospital, New Delhi, however, questioned the timing of the firecracker ban. "Both the court directions are welcoming but the only caveat here is the question that surrounds their implementation. So on paper it all looks good, however, how much (the regulations imposed by court) will become a ground reality remains to be seen. Also, the timing of the judgment is extremely delayed. The ban in regard to firecrackers is being imposed at a time when the cracker manufacturers must have already spent capital on their manufacture, so they are very likely to go ahead and sell it. So the order should have come way back, maybe 6 months ago. Even so much of stubble burning in Delhi's neighbouring states must have already taken by now. So, in a nutshell on the face of it, both court directions are welcome. But in regard to their benefit to the cause, it won't make much of a difference."