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New Delhi: The Supreme Court on Saturday urged the central and state governments to look “beyond politics” and find an immediate solution to the rising pollution levels in Delhi, as it proposed some measures of its own, including a two-day lockdown.
A special bench of three judges – led by Chief Justice NV Ramana, and comprising Justices DY Chandrachud and Surya Kant – stressed the need for an emergent intervention, noting that schools in Delhi had reopened and children was in danger of coming into contact with a cocktail. Mosquitoes that spread covid virus, pollutants and dengue.
The court was hearing a PIL filed by a 17-year-old boy on the deteriorating air quality in Delhi around Diwali last year and early winter.
Some of the immediate measures suggested by the bench to deal with the current situation of “severe” air quality include a two-day lockdown to keep vehicles off the roads and a ban on stubble burning, if any, in the states of Punjab and Haryana. And till the air quality improves in Uttar Pradesh.
The bench did not issue any order in writing and gave time to the central government to come out with its plan by Monday, the next date of hearing in the matter.
“The situation is extremely serious. We have to wear masks even when we are inside our homes. Think about a two-day lockdown, otherwise how will people live?” CJI Ramana told Solicitor General Tushar Mehta. “The forecast says that the air quality in Delhi will be in the very poor category in the next few days.”
On his part, the Solicitor General assured the bench that the central authority set up to find remedial measures to keep Delhi’s air quality under control will convene a meeting on Saturday evening and after that some contingency steps will be taken.
Justice Chandrachud expressed concern over the potential danger to children for whom “schools have reopened after the pandemic” in Delhi. The judge referred to the statements of AIIMS Director Dr Randeep Guleria on the seriousness of pollution and questioned the Delhi government’s counsel, senior advocate Rahul Mehra, for keeping the schools open during such “critical times”.
“Look at the gravity of the problem, schools have opened post-Covid and children will be out at 7 am. We are exposing them not only to the pandemic, but also to pollution and dengue,” the judge said.
He asked Mehra whether the Delhi government had any action plan on the issue of reopening of schools. “Have you reacted to this contingency keeping the students in mind? You are exposing their lungs to these pollutants,” the judge said. Mehra also sought some time for the court to respond.
The air quality in Delhi remained in the ‘severe’ category on Saturday morning, with an AQI of 473. informed of, Quoting government data, the report said that the Air Quality Index (AQI) of Noida and Gurgaon was recorded at 587 and 557, respectively. sSystem aIR quality and weather Fredistribution aRa RSearch (travel).
Read also: 80% of Delhi-NCR households have at least one member sick due to air pollution, says new survey
‘Don’t blame the farmers’
At the beginning of the hearing, Mehta said that there has been a spurt in stubble burning in Punjab in the last three to four days. He said that the statutory authority at the Center had already directed the states to impose fines on farmers who burn stubble.
The bench, however, was not inclined to accept Mehta’s suggestion that stubble burning was the primary reason for the surge in pollutants in Delhi. It said the contribution of stubble burning was only 30-40 per cent, while bursting of firecrackers, vehicular and industrial pollution were the major causes of the deteriorating air quality.
“What have you done to deal with other sources?” The bench asked Mehta.
Mehta told the bench that the central government was not blaming the farmers. “I urge not to suggest that we are blaming the farmers,” Mehta said, explaining the government scheme, under which machines are given free of cost to marginalized farmers.
Mehta said that 2 lakh machines are available in the market and the farmers who cannot afford it can get it free of cost from the cooperative society. He said, “The government has given these machines to cooperative societies at concessional rates.
But the bench said that the problem is not the availability of machines but the implementation of the policy. It asked Mehta whether the government had given impetus to the scheme.
Justice Surya Kant spoke about the practical problems faced by the farmers and said: “They are poor farmers and they cannot afford these machines. Why can’t the state or the government give them these machines for free and then market the stubble to earn revenue?” He said that the government will have to make a simple economic arrangement with the farmers.
The bench then sought details of how many cooperatives have been set up, how many machines have been supplied, and the capital cost involved in providing the machines.
Justice Chandrachud also asked Mehta to inform about when the intervention to stop stubble burning started. “This year, monsoon got delayed, hence, the period of sowing (for) kharif season for a farmer is shorter than last year or perhaps earlier. You should tell us when the cooperatives approached them to assist the farmers in removing the stubble,” said the judge.
Justice Surya Kant said: “When did these agencies work? Farmers are preparing for the next crop under compulsion, so whatever system you have created, it should reach the farmer on time, otherwise it is of no use.
The judge further said that both he and the CJI have been farmers. So, he said, they are aware of the problems faced by them.
Mehta was also asked to inform the court about other “effective steps” taken to check pollution from the remaining major sources.
To this, the Solicitor General said that the Center has prepared the mechanism and it is for the states to implement them effectively. As an example, he highlighted the dust management system. And requested the bench to also seek status reports from the states.
When Mehra, counsel for the Delhi government, referred to the increase in incidents of stubble burning, the bench restrained him from making further arguments and said: “Everyone is cursing the farmers. Firecrackers banned in Delhi, what happened to it? What has Delhi Police done? Tell us about it.”
To this, Mehta intervened and said that stubble burning is only a part of the problem. “We are not criticizing farmers at all and agree that a result-oriented approach is needed,” he said.
(Edited by Sunanda Ranjan)
Read also: Why November has brought back Delhi’s pollution with a vengeance after a ‘cleaner’ October
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