New Delhi: The Supreme Court expressed today that the harsh reality is that nothing significant is being done to tackle the air pollution problem that plagues Delhi every year. The court noted that there seems to be a reluctance to prosecute those who violate the orders of the Commission for Air Quality Management, which is responsible for addressing air pollution in the national capital.
“Everyone knows that apart from discussions, nothing is happening. That is the harsh reality,” said Justice AS Oka, who was joined on the bench by Justice A Amanullah and Justice AG Masih.
Last week, the court had instructed the CAQM to submit an affidavit outlining the measures it has taken to address stubble burning, one of the primary contributors to Delhi’s poor air quality.
As Additional Solicitor General Aiswarya Bhati outlined the composition of the panel, Justice Oka observed that the committee had only met three times in the past nine months, with no discussions on stubble burning at all.
“The last meeting took place on August 29, and there were no meetings throughout September. You mentioned that this committee consists of IPS officers who will enforce the directions, yet not a single meeting has been held since August 29 regarding enforcement,” Justice Oka stated.
Justice Amanullah questioned why the 11 members skipped a meeting of the sub-committee on safeguarding and enforcement, asking, “Is this the level of seriousness being demonstrated?”
Justice Oka remarked that only a few meetings had occurred. “Where is the implementation of your orders at the grassroots level? Unless there is prosecution, no one is going to take this seriously,” the court noted.
When the government’s counsel responded that FIRs had been registered under the section pertaining to disobedience of public servant orders, the court replied, “You’ve opted for the softest provision available for prosecution. There are Sections 14 of the CAQM Act and 15 of the Environmental Protection Act that carry much harsher penalties.” The government counsel argued that drastic measures were not necessary because air pollution levels had decreased.
“You must implement your own orders. Everything is up in the air. There are targets, action plans, and sectoral meetings, but the fundamental provisions of the Act are not being implemented at all. In 2024, there are 129 cases of stubble burning; why has no action been taken against these individuals? Why has Section 15 of the Environmental Protection Act not been invoked, and why hasn’t corresponding action been taken against government officials?” Justice Oka inquired.
The court noted that nominal compensation had been imposed on those found guilty of burning crop stubble. “Holding meetings will not achieve anything unless action is taken at the grassroots level.”
The discussion then shifted to the machines available for removing crop stubble to prevent field fires. The lawyer for the Punjab government stated, “The machines are available and provided free of charge to farmers. However, many farmers in Punjab have less than 10 acres of land, and they are reluctant to hire a driver and use diesel for the machines.” The state proposed covering the costs of operating these machines for farmers.
The court responded, “So you’re suggesting that nothing will be done unless we receive funding from the central government? Unless penal actions start at the grassroots level, this issue will remain unresolved… There’s no sense of urgency. The machines are available, but they won’t be used. It’s as simple as that.”
