Plea In SC To Ensure Ban On Stubble Burning; Provision For Reimbursement Of Money Spent By Farmers On Stubble Removing Machines [Read Petition]

As the stubble burning season (from September till January) has arrived, the Petitioners— a 3^rd year law student, Aman Banka and a Class XII student, Aditya Dubey through Advocate Nikhil Jain, highlighted that stubble burning contributes to almost 40-45% of air pollution in Delhi.

They therefore seek to ensure that the Air Quality Index level in Delhi-NCR does not critical levels during the stubble burning season this year, especially in view of the prevailing Covid-19 Pandemic.

"The "Right To Breathe" Clean Air is an integral part of the Fundamental 'Right to Life' enshrined in Article 21 of the Constitution of India and the said fundamental right is being violated by the failure of the Union Government and the State Governments, to keep the air pollution levels in Delhi-NCR below hazardous levels every year during the period between September to January," they submitted.

They further added,

"In the Year 2019, thousands of stubble fires were lit in Punjab and Haryana by farmers to clear their fields for next sowing season, which filled the air in Delhi-NCR with Suspended Particulate Matter and resulted in the AQI levels in Delhi crossing 1000 and caused severe respiratory, ophthalmic and_ skin diseases amongst the citizens of Delhi-NCR and even resulted in death of many citizens. This was a clear violation of the Fundamental Right to Breathe of the Citizens of Delhi-NCR."

Inter alia, they have sought for issuance of necessary directions to the Respondent-States to ensure availability of appropriate stubble removing machines, free of cost, to the small and marginal farmers of the concerned states.

The Petitioners have argued that stubble fires in Punjab & Haryana are a direct result of the "inability of the small & marginal farmers to purchase or rent out stubble removal machines due to financial incapacity", which leaves them with no option but to burn the plant residue in their fields.

To remedy the situation, the Petitioners have sought the following reliefs:

• Direct the States to fix a ceiling on the rental of stubble removing machines during the period between September, 2020 to January, 2020;
• Direct the States to pay to all small and marginal farmers the amount spent by them on renting the stubble removal machines;
• Direct the States to include the work of 'stubble removal' from private farms of small and marginal farmers in the list of work allowed under MNREGA so that the MNREGA workers can be used to ensure removal of stubble if and wherever stubble removal machines are not available;
• Direct the States to Impose heavy fines/punishment on farmers who burn stubble in their fields inspite of facilities being made available by the States to them for removal of the stubble.

Apart from regulation of stubble burning, the Petitioners have urged the following directions be made to the Delhi Government:

• Direct that all polluting industries and construction activities in Delhi- NCR may be allowed to remain in operation only on days when the AQI level is less than 150, during the period between September, 2020 to January, 2021 and upon an increase above this AQI level an automatic ban on industrial and construction activities may become operational, which may continue till the AQI level comes below 150;
• Direct that in case the AQI level increases about 200 then the Odd-Even Policy of the Delhi Government with regard to vehicular traffic may automatically become operational, and may continue till the AQI level drops back below 150;
• Nominate a one-man commission headed by a Retired Supreme Court Judge, preferably Justice Madan Lokur, to control & supervise the efforts of the Union & State Governments to ensure that AQI levels in Delhi do not rise to hazardous levels this year.

Taking serious note of the air pollution which has engulfed the Delhi-NCR area, the Supreme Court passed a slew of directions in November last year. The State Governments were directed to ensure that no further crop stubble burning takes place. Further, it imposed a ban on construction and demolition activities in Delhi and NCR.

The Court had further highlighted that punishing the farmers for stubble burning was not the ultimate solution, but to provide them with the basic facilities and amenities.

Stubble Burning - To Punish Farmers Is Not The Solution; Provide Them Basic Amenities : SC

In January this year, the Court passed several directions, dealing right from the problem of stubble burning to vehicular emissions and construction dust in Delhi.

The Central Government and the State Governments of Punjab, Haryana and UP were directed to prepare a comprehensive plan to prevent stubble burning. They were also asked to prepare a scheme for making available Combine Harvesters, Happy Seeders, Hydraulically Reversible MB Plough, Paddy Straw Chopper, Mulcher, Rotary Slasher, Zero Till Seed Drill and Rotavators and balers, especially dedicated to small and marginal farmers, either free of charge or on nominal rental basis.

SC Issues Slew Of Directions To Curb Air Pollution In Delhi

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