'Even rules in the air': SC raps air quality panel over Delhi pollution

'Even rules in the air': SC raps air quality panel
27 Sep 2024

The Supreme Court has expressed dissatisfaction with the Commission for Air Quality Management (CAQM)'s efforts to curb stubble burning in Punjab and Haryana.

The bench, comprising Justices Abhay S Oka and Augustine George Masih, noted that despite being operational for three years, the CAQM has only issued around 82 directions without taking any action against violations.

"Every year we see stubble burning. Have committees been constituted? Please show us single step taken....You are silent spectators....doing nothing," the court said.

Court highlights CAQM's inaction against stubble burning
Inaction criticized

"It is all in the air, nothing they have shown regarding what has been done in the NCR states," Justice Oka said.

Stubble burning in Punjab and Haryana contributes to poor air quality in the Delhi-NCR region each winter.

The air quality in many parts of India, including Delhi, deteriorates even more due to widespread use of firecrackers during Diwali.

The court took up the case after an amicus curiae raised concerns about the spike in stubble burning on Tuesday.

Court agrees with amicus curiae's submission
Agreement expressed

The court agreed with the submission of amicus curiae, senior Advocate Aparajita Singh, that the CAQM has not functioned as expected considering the objectives and purposes of the CAQM Act.

During the hearing, Additional Solicitor General of India, Aishwarya Bhati, argued that penal action under Section 14 is a "last resort" and a "handholding and collaborative approach" works better with farmers.

However, the bench pointed out that despite several directions, stubble burning recurs every winter.

Justice Masih emphasizes need for alternatives to stubble burning
Alternatives needed

Justice Masih, a native of Punjab, highlighted that farmers resort to burning stubbles to prepare fields for the next crop after paddy cultivation.

"It is brought on record that certain equipments have been provided to the farmers from the money supplied by the central government. Some effort needs to be taken to ensure that the equipments are actually used at ground level," he said.

Court directs CAQM to file better compliance affidavit
Compliance affidavit

During the hearing, Rajesh Verma, the Chairman of the CAQM, informed the bench that he took charge only two weeks ago and has held meetings with Deputy Commissioners of Districts in Punjab and Haryana where stubble-burning incidents are reported.

The court directed the CAQM to file a better compliance affidavit regarding enforcement of Act provisions and recommendations of sub-committees.

It also sought details of sub-committee meetings and their decisions, with further consideration set for next Thursday.