Supreme Court Seeks 24/7 Monitoring Of Stubble Burning, Says State Officials Cannot Help Farmers Avoid Satellite Detection

The Supreme Court on Thursday (November 28) emphasized the need for a mechanism to monitor instances of stubble burning throughout the day, emphasising that the current satellite monitoring for only a few hours of the day is not sufficient.

“What we propose to do is - we propose to hear exhaustively all the parties. Number one, that it is because of sowing dust is done belatedly, all these issues are happening. So we want to go to the root of the matter and issue directions. So something has to be done because every year this problem can't arise. So we want to issue directions in that behalf. And we want a machinery to be in place that 24/7, we must get data of stubble burning. For all these years now, this is a problem that everybody knows, everybody is smart to understand this, that data is not captured after 1:30. So this final solution has to be founded in December and January”, Justice Abhay Oka said, adding that the Court will address these issues in detail in January.

A bench of Justice Abhay S Oka and Justice Augustine George Masih also directed the states to ensure that farmers do not take advantage of lack of full-day satellite monitoring of stubble burning. The Court took note of an India Today report alleging that Punjab state officials instructed farmers to burn stubble after 4:00 p.m. to avoid satellite detection.

On November 18, the Court directed the Union Government to procure real-time data on farm fires from stationary satellites, such as those operated by South Korea, as opposed to NASA's polar-orbiting satellites that provide limited snapshots of a particular time period only.

“Our attention is invited to an article appearing in India Today of 27th November 2024 which records that a land records officer and others admitted that they are advising the farmers to burn the stubble after 4:00 p.m. to avoid satellite detection. We are not on the correctness of this news item but if it is correct, it is very serious. The state officials cannot permit any farmer to take advantage of the fact that at present activities are being detected which take place during few hours of the day. The governments should immediately issue instructions to all officers not to indulge in any such activities”, the Court held.

Stubble Burning: Data Discrepancies and Satellite Monitoring

Justice Oka questioned both states on the number of crop-burning incidents in recent days.

ASG Bhati said that there have been nominal instance of stubble burning as per CAQM. For Punjab, the cases recorded between November 22 and November 27 varied from 147 to 31 daily and for Haryana, the cases ranged from 53 to 15 daily during the same period, she said.

However, the reliability of this data was questioned, considering the fact that satellite monitoring doesn't happen throughout the day and allegations that state officials were advising farmers to burn stubble after 4 PM to avoid detection.

Bhati clarified that ISRO was testing a protocol for burnt-area assessment during this season. She noted that a failed ISRO satellite launch had delayed improvements in monitoring. Despite this, she assured the Court that ISRO will provide solutions for monitoring of stubble burning.

Physical Reopening of Schools

Additional Solicitor General Aishwarya Bhati informed the Court that schools in Delhi are operating with an option for students and parents to choose between physical attendance and hybrid learning, as per CAQM direction. The Court on Monday had directed the CAQM to take a call on this aspect.

Mitigation Measures for Affected Communities

The Court noted that there was non-compliance by NCR states of its September 25 direction to utilize labour cess funds to provide subsistence allowances to construction workers affected by activity bans under GRAP Stage IV. “We direct compliance to be made with the same direction at the earliest and in any case on or before Monday”, the Court directed.

The Court also directed the CAQM to issue necessary directions under Section 12(1) of the CAQM Act consisting of mitigating measures as suggested by the Court on Monday to ensure that economically weaker sections, daily wage earners, and labourers do not suffer.

Background

On November 18, the Court ordered that GRAP Stage IV restrictions must remain in place even if the Air Quality Index (AQI) improves below 450. The Court criticized the Commission for Air Quality Management (CAQM) for delaying preventive measures.

The Court directed all NCR states to establish teams for strict monitoring of GRAP Stage IV actions. It also ordered the creation of grievance redressal mechanisms to report violations of GRAP, with complaints to be addressed promptly.

Enforcement of Truck Ban and Vehicular Restrictions

A major issue has been the implementation of GRAP restrictions on vehicular entry into Delhi. Under Stage IV, entry of trucks and Light Commercial Vehicles (LCVs) not engaged in essential services is prohibited. On November 22, the Court expressed dissatisfaction with the lack of compliance, highlighting that out of 113 entry points to Delhi, monitoring was being conducted only at 13 major points. The Court directed the Delhi government and police to immediately set up check posts at all entry points, ensure staff at these points are informed of the rules, and restrict the entry of vehicles not carrying permitted goods. CCTV footage from 13 key points was to be submitted to the amicus curiae, Senior Advocate Aparajita Singh.

The Court appointed 13 members of the Bar as Court Commissioners to visit entry points and report on compliance. Reports indicated that many checkpoints were unmanned, with enforcement personnel unaware of their duties. Some trucks reportedly unloaded goods near the border before turning back, defeating the purpose of the ban. The Court, invoking Section 14 of the CAQM Act, directed the Commission to prosecute officials responsible for non-compliance.

School Closures and Impact on Students

On November 25, the Court directed CAQM to reconsider the closure of schools and colleges under GRAP Stage III and IV. Current restrictions suspend physical classes for students in Classes I to V under Stage III and Classes VI-IX and XI, as well as colleges, under Stage IV. Parents of children from marginalized communities filed applications seeking resumption of physical classes, highlighting that many lack access to online education and midday meals provided by schools. Senior Advocate Menaka Guruswamy, representing the parents, stressed that homes of these students are not equipped with air purifiers, making the closures ineffective in protecting their health. The Court asked CAQM to consider exceptions for students without online education facilities or for schools lacking digital infrastructure.

Stubble Burning and Satellite Data Discrepancies

Stubble burning has been another critical focus. On November 18, the Court directed the Union Government to procure real-time data on farm fires from stationary satellites, such as those operated by South Korea, as opposed to NASA's polar-orbiting satellites that provide limited snapshots.

Discrepancies in data submitted by the CAQM and state governments were flagged, with amicus curiae Aparajita Singh submitting that burned areas in Punjab and Haryana had increased significantly in recent years, contrary to official claims of reduction. The Central Government opposed Singh's proposal made to constitute a committee comprising of former judges to monitor the implementation of measures to reduce stubble burning which contributes to air pollution in Delhi-NCR.

Earlier, the Court has pulled up Punjab and Haryana for failing to act on CAQM directives and for prosecuting officials responsible for violations. It directed district magistrates to initiate prosecutions under Section 14 of the CAQM Act and mandated the imposition of environmental compensation for polluters under Section 15 of the Act. The Court observed that nominal fines have been ineffective in curbing stubble burning and called for stronger enforcement measures.

Construction Ban and Welfare of Workers

In light of the ban on construction activities under GRAP Stage IV, the Court directed states to release funds collected as labour cess to support construction workers affected by the ban. The Court emphasized the need to ensure subsistence for workers during the period of restrictions and directed states to comply with similar earlier orders issued on November 24, 2021.

Case no. – WP (C) 13029/1985

Case Title – MC Mehta v. Union of India

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