Delhi Air Pollution : Stop Stubble Burning Forthwith, Supreme Court Directs Punjab, Haryana, UP & Rajasthan

In the wake of the worsening air quality in Delhi-National Capital Region, the Supreme Court on Tuesday (November 7) sternly directed the Governments of Punjab, Rajasthan and Haryana to take immediate steps to stop stubble burning by farmers in the State, which the Court said was one of the major contributors to air pollution.

The Court made the local State House Officer, under the overall supervision of the Chief Secretary and the Director General of Police, responsible to prevent crop burning.

"We direct the State Government of Punjab and for that matter to all other States adjacent to Delhi, which are Haryana, Rajasthan and Uttar Pradesh and some parts of Delhi to ensure that crop burning is stopped forthwith and local SHO is made responsible for it under the overall supervision of the DGP and Chief Secretary for the time being", ordered the bench comprising Justices Sanjay Kishan Kaul and Sudhanshu Dhulia.

Further, the Court directed the Delhi Government to ensure that municipal solid waste is not burnt in the city during the open as it happens. Senior Advocate Aparajitha Singh, the amicus curiae in the matter, informed the Court that the smog towers installed by the Delhi Government as per the earlier directions was not working. Terming the situation 'ludicrous', the Court directed the Delhi Government to take immediate steps to repair the smog towers.

The Court also directed the Delhi Government to ensure that only the taxis registered in Delhi are plying in the capital as large number of taxis from other states carrying only one passenger are plying in the national capital region. The Court also directed the Chairperson of the Delhi Pollution Control Board to remain personally present before it on the next date of hearing (November 10).

'Stubble burning must be stopped'

“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,” Justice Sanjay Kishan Kaul, the presiding judge of the bench, told Advocate General of Punjab Gurminder Singh during the hearing.

"We do not care how you do it..it must stop. Whether by sometimes forceful actions and sometimes by incentives...You have to stop the fire. Your administration must do so. Your local SHO must be held responsible.. from today onwards they must start working on it," Justice Kaul said.   

"We are no saying that stubble burning is the only contributor but it is a significant factor," Justice Kaul added.

While agreeing that steps are necessary to stop crop burning, the Punjab AG said that farmers are burning the stubble on account of economic reasons. He suggested that the Centre provide subsidies to provide the required facilities.

The bench recorded his suggestion as follows :

"It is his suggestion that an endeavour should be made and an alternative solution is provided free of cost. Thus while expensive machines have been purchased, 50% or 25% cost is being paid by the farmer. In view of small holdings, he submits that farmers are also unwilling for the same. He thus suggests that Punjab is willing to bear 25% of the cost of making those facilities free and the suggestion is that 25% can be born by Delhi. There being common political dispensation, obviously, to the extent of aforesaid there seems to be no difference of perception. He simultaneously states that the central government can bear 50% of this cost and we do believe that when the centre provides so many other subsidies, there is no reason why this cost should not be borne."

Paddy cultivation to be phased out

The AG also suggested that paddy cultivation must be phased out to be substituted with other crops, and the Centre must explore the options for giving Minimum Support Price for other crops rather than for paddy.

The Court, in its order, observed that a switchover to alternative crops other than paddy(which is not a native crop of Punjab) is required so as to ensure that the problem of stubble burning does not recur. The switch over can occur only if MSP is not given to paddy and is given to other crops. In this context, the Court noted that the Central Government is, in any case, pursuing a policy to encourage growing traditional crops.

The Court recorded the AG's submissions and expressed agreement with him :

"We want all the stakeholders to act promptly in respect of the aforesaid aspects," the Court observed in the order. The bench directed the Cabinet Secretary to call for a meeting tomorrow itself with all stakeholders on this issue.

The Court will hear the matter on coming Friday to monitor the progress. "The residents of Delhi are grappling with health problems year after year because we cannot find a solution to the issue. It requires immediate attention and court monitoring irrespective of the fact whether the matter improves or not," the Court observed in the order.

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