Lagatar24 Desk
New Delhi: As Delhi grapples with worsening air pollution levels, the Supreme Court on Wednesday harshly criticised the Punjab and Haryana governments for their failure to prosecute those violating anti-pollution laws, particularly regarding stubble burning, which has been a major contributor to the region’s hazardous air quality. The court emphasized that both states had failed to act on orders issued in June 2021.
In a stern remark, the bench led by Justice Abhay S Oka said, “Let them declare ‘we cannot do anything… we are helpless’,” as the court noted that the Punjab and Haryana governments, under AAP and BJP respectively, have imposed only nominal fines without taking concrete legal action against offenders. The bench also expressed frustration with the Commission for Air Quality Management (CAQM), calling it a “toothless wonder” for failing to enforce its orders.
The court, while hearing the matter of non-compliance with CAQM directions, gave the state governments a one-week deadline to begin prosecuting violators of pollution laws. “Why is there no prosecution for violation of orders? This is not a political issue… it is about implementing statutory directions,” Justice Oka said, directing authorities to initiate action swiftly.
Air Pollution Management: Lack of Action and Prosecution
The court pointed out that the Indian Space Research Organisation (ISRO) had already provided detailed information on the location and extent of fires caused by stubble burning, particularly in Punjab and Haryana, but there had been no significant move to prosecute violators.
“So you cannot say locations were not found… but nobody is going to prosecute, nobody is going to take action against the violators,” the bench said, adding, “They will pay a nominal fine… what is all this going on?”
The court also questioned if prosecution was being hindered by external influences. “We will issue summons to them also. What is this hesitation in prosecuting people?” it asked.
Earlier this month, the CAQM had already faced criticism for “total non-compliance” with legal requirements. The court expressed its disappointment that despite these orders, the CAQM had not constituted proper committees or taken any notable steps to manage air pollution.
Delhi’s Air Quality Worsening as Winter Approaches
With winter approaching, Delhi and the National Capital Region (NCR) are bracing for the usual drop in air quality, which routinely reaches hazardous levels during the season. The city’s air quality index (AQI) hovered in the ‘poor’ category at 207 on Tuesday, triggering the Graded Response Action Plan (GRAP) to check pollution.
The GRAP mandates strict controls on pollution from vehicles, industries, and power plants, as well as bans on open burning of waste and restrictions on the use of diesel generators. Despite these measures, enforcement has remained weak, and pollution levels continue to rise.
Delhi’s government has already imposed a ban on firecrackers ahead of Diwali to prevent the further deterioration of air quality, but, as with many anti-pollution measures, enforcement remains a challenge.
The Court’s Demand for Action
The Supreme Court, which has regularly addressed air pollution issues in Delhi, lamented the lack of substantial progress. “Everybody knows that except discussion, nothing is happening. That is the harsh reality of this,” Justice Oka noted earlier this month during a hearing on Delhi’s air pollution management.
The court also expressed dissatisfaction with the slow pace of the West Bengal government in installing CCTVs and constructing facilities in hospitals and schools in a separate case but reiterated its focus on the severe pollution issue in Delhi and surrounding regions.
As air quality continues to decline, with the likelihood of worsening conditions through the winter months, the court’s intervention could push state governments to finally take effective action against violators and improve enforcement of anti-pollution regulations.
