SC: FARMERS NOT SOLELY RESPONSIBLE FOR DELHI POLLUTION; STUBBLE BURNING HAPPENED DURING COVID YET AIR WAS CLEAR:

The Supreme Court on Monday questioned the prevailing tendency to place disproportionate blame on farmers for Delhi’s recurring air pollution, noting that stubble burning was widespread even during the Covid-19 lockdown, a period when the national capital experienced unusually clear skies. The observations were made by a bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi while hearing the long-pending MC Mehta matter concerning air quality in the National Capital Region.

The bench emphasised that the issue of pollution is complex and cannot be reduced to a single cause. The Chief Justice stated that scientific analyses indicate multiple contributors, and it would be incorrect to burden farmers who, he remarked, are among the least represented groups before the Court with the primary responsibility. He noted that since stubble burning continued even during the lockdown yet Delhi still witnessed blue skies, this indicates that other, more significant sources contribute to the pollution. He further observed that the debate on stubble burning must not be turned into a political confrontation or a matter of personal or institutional ego. The Court added that when farmers resort to burning crop residue, they often do so because it is tied to economic considerations and the need to protect or prepare assets essential to their livelihood.

During the hearing, the Court directed the Union government to furnish a detailed report within a week outlining the effective measures taken to tackle all major pollution sources other than stubble burning. The bench pressed the government for clarity on whether existing action plans had achieved any measurable improvement. The Chief Justice questioned whether the authorities had revisited their strategies and sought data demonstrating the impact of each measure and the expectations associated with them.

Additional Solicitor General Aishwarya Bhati informed the Court that action-taken reports from all concerned authorities, including those of Punjab, Haryana, and the Central Pollution Control Board, were being prepared. She noted that although the target of achieving “zero burning” across states had not been met, stubble burning remained only a seasonal factor. She referred to studies conducted by the Indian Institutes of Technology in 2016 and 2023, which show that vehicular emissions and industrial dust continue to be significant contributors to air pollution. She explained that fine particulate matter, particularly PM2.5, becomes coated with toxic industrial chemicals and, once inhaled, poses serious risks to public health.

Justice Bagchi pointed out that construction activities constitute another major source of pollution and inquired into the effectiveness of the construction ban imposed in the region. The ASG responded that the government’s affidavit contains data categorised by source, vehicles, construction, dust, and stubble burning which would assist the Court in assessing the relative contributions.

The bench also asked for details regarding the expertise and qualifications of the members of the Commission for Air Quality Management before proceeding further. During the hearing, counsel for one of the parties highlighted the severe problem of roadside parking and the fact that Delhi’s vehicle density exceeds that of several other major metropolitan cities combined. The Chief Justice observed that while expansion of the metro network would provide long-term benefits, urgent short-term interventions were still necessary.

Another counsel drew attention to the measures introduced in the 1990s pursuant to orders of Justice Kuldeep Singh in the MC Mehta case, particularly the mandate for CNG buses, which significantly improved air quality at the time. He argued that similarly strong measures were required today. The Court scheduled the next hearing for December 10.