Supreme Court Mandates Immediate Cessation of Stubble Burning to Combat Severe Air Pollution in Delhi-NCR

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In a decisive move to combat the escalating air pollution crisis, the Supreme Court of India has unequivocally directed the Punjab government, along with Delhi, Uttar Pradesh, and Rajasthan, to immediately halt the practice of stubble burning. The court’s stern directive comes as a thick blanket of smog continues to engulf the Delhi-National Capital Region (NCR), pushing the air quality into the ‘severe’ category.

The apex court, in a session presided over by Justices Sanjay Kishan Kaul and Sudhanshu Dhulia, stated,

“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.”

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This statement underscores the urgent need for action against the backdrop of deteriorating air quality and the visible impact of stubble burning on the environment.

Justice Kaul, reflecting on his recent travel through Punjab, remarked on the widespread fires he witnessed, which underscore the gravity of the situation. The court has placed the responsibility for enforcing this directive on the shoulders of the local Station House Officers (SHOs), under the vigilant supervision of the Director Generals of Police (DGPs) and the Chief Secretaries of the respective states.

The court also criticized the effectiveness of measures like the odd-even vehicle scheme, labeling them as mere optics, and expressed concern over the non-operational status of a smog tower in Connaught Place. The government has been instructed to ensure the repair and functionality of this pollution control measure.

In a related observation, the Supreme Court suggested that the Centre should reconsider supporting the minimum support price (MSP) for paddy in Punjab, advocating instead for the promotion of alternative crops, such as millets, which could lead to a reduction in stubble burning practices.

The issue of stubble burning and its contribution to air pollution has been a contentious one, with Punjab minister Harpal Singh Cheema recently pointing fingers at BJP-ruled states for not adequately reporting stubble-burning incidents. In contrast, BJP National Spokesperson Shehzad Poonawalla highlighted the occurrence of 3,000 incidents in Punjab alone on a single day.

As the court adjourned the hearing until November 10, the urgency of the situation remains palpable, with SAFAR founder and project director Gufran Beig pointing out the critical period between November 1 and 15 when the intensity of stubble fires peaks.

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This development comes at a time when Delhi’s air quality continues to rank among the worst of the world’s capital cities, with a significant portion of the city’s PM2.5 pollution attributed to stubble burning. The court’s intervention is a clear message that immediate and effective action is imperative to address the public health emergency posed by air pollution.

The court order came while dealing with an application raising high pollution levels in Udaipur based on the falling air quality index and no regulations to demarcate noise pollution levels

“When it comes to pollution, there is a wrong perception it is the duty of courts. But it has to be everybody’s duty,”

the court stated.

The next hearing on this matter is keenly awaited, as the nation looks towards the implementation of the court’s orders and the subsequent impact on the air quality in the affected regions.

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Vaibhav Ojha

ADVOCATE | LLM | BBA.LLB | SENIOR LEGAL EDITOR @ LAW CHAKRA

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