By Vikram Kilpady
If the Supreme Court was surprised that the Commission for Air Quality Management (CAQM), which is tasked with monitoring air pollution in Delhi, had met only once in three months at a hearing in late September, it had more reasons to be shocked at a recent hearing on the air pollution issue.
This time again, it was the CAQM which caused fresh consternation to the bench of Justices Abhay S Oka and Augustine George Masih for not acting on time.
The Court noted that the Air Quality Index (AQI) had crossed 400 on November 12, and it took two more days for the CAQM to bring into effect the Graded Response Action Plan Stage 3 (GRAP3) and GRAP4 on November 18. Under GRAP3, all construction and demolition activities will be stopped. Restrictions will be imposed on non-BS-VI diesel, non-electric, non-CNG inter-state buses. Similarly, BS-III petrol and BS-IV diesel cars and SUVs will not be allowed to ply in the region. GRAP4 places curbs on the entry of BS-IV diesel-powered trucks and trailers, trucks with non-essentials into the city.
When the AQI is between 201 and 300, it is classified as GRAP1, when it is between 301 and 400 as GRAP2, when it is 401-450, it is GRAP3, and above 450, it is termed GRAP4. GRAP1 corresponds to poor AQI, GRAP2 to very poor AQI, GRAP3 to pollution levels that are severe and GRAP4 registers as severe plus. Wondering about the inability of the governments concerned to act against pollution, a user on social media posted about their child wondering if the authorities were waiting for severe plus premium to get going.
The top court said the CAQM should have taken preventive measures earlier instead of waiting for air quality to worsen before imposing stricter regimes. The Court then ordered the continuance of GRAP4 rules until the AQI falls below 450, till further orders.
The bench said the CAQM decided to wait for the improvement in AQI instead of applying GRAP3 and 4, thus delaying them. This, it said, was the wrong approach and the Commission should have switched protocols the moment things took a turn for the worse. The CAQM is mandated to act and not wait in anticipation of an AQI improvement.
The states that have areas in the National Capital Region were then asked to strictly implement curbs. The bench asked states to form teams immediately to ensure GRAP4 protocols were implemented and monitored.
An embarrassing situation for the Court came about during the hearing. The bench was castigating the CAQM for its delays and the Delhi government for not implementing the CAQM directives vis-a-vis the ban on constructions and demolitions. With GRAP3 banning construction activities, there should have been no construction or demolition activity in Delhi. As the Court asked the Delhi government whether ithad formed teams to monitor and implement the ban, Senior Advocate Gopal Sankaranarayanan brought to the bench’s attention that construction was going on right within the Supreme Court.
Sankaranarayanan said stones are being broken and dust was being dispersed due to construction work at the newly-inaugurated block within Court premises. Justice Oka then asked Court staff to request the Secretary General of the Supreme Court to appear in court.
Another instance of Indian jugaad came to light in Court. Apparently, the farm fires are being monitored by ISRO with data from NASA’s polar-orbiting satellites which cover the states in the morning, and not later. Farmers wait it out and light farm fires only after the satellites are through. Amicus Curiae Senior Advocate Aparajita Singh said a geo-stationary satellite had spotted farm fires post 4 pm. To this, the bench said the centre via ISRO should take data from geo-stationary satellites only and pass on the data from October 1 this year to the CAQM for it to act against farmers who have been violating norms.
The Court then reminded the central and state governments involved that it was their constitutional obligation to provide a pollution-free environment to their citizens, and asked them to take all viable options to cut down on pollution so that AQI improves.
At an earlier hearing, the bench had said that no religion supports creating pollution, while referring to the lax firecracker ban implementation in Delhi, this year. The Court slammed the Delhi Police for not implementing the firecracker ban put in place by the Delhi government. It said under Article 21 of the Constitution, it is every citizen’s fundamental right to live in a pollution-free environment.
Compared to the last few years, more firecrackers were burst in Delhi and the NCR, this Diwali. Further, an altercation over bursting firecrackers late at night led to the killing of a 65-year-old man in Faridabad, Haryana.
Senior Advocate Singh noted Delhi has once again reached severe level with no action by the authorities despite the Court allowing pre-emptive actions to prevent such high pollution levels.
The Court had been looking at pollution caused by stubble burning and firecracker bursting, but from November 25, it will hear the issue of vehicular pollution. It will also hear what data source should be looked at for AQI numbers following a controversy that the CAQM readings were capped at 500 while independent figures put AQI at over 1,000. According to CAQM data, vehicular pollution contributes only 15.8 percent to the smog-haze that has Delhi-NCR in breathless thrall. Further, the Court will consider coloured vehicle stickers in January 2025.
The stubble burning in Punjab and Haryana and the apparent nonchalance of the CAQM in bringing it under control has occupied the Court’s attention the past few months. It had been incensed at the Commission for not utilising tougher punitive measures accorded by Section 14 of the CAQM Act. It also found fault with the states for not prosecuting officials who had ignored CAQM orders on stubble burning and instead only issuing them show-cause notices.
The Supreme Court had directed Punjab and Haryana to address the grievances of farmers having problems in stubble management because of too few machines. On the other hand, it also lambasted the states for imposing petty penalties that did not put an end to stubble burning and noted the reluctance to act against farmers as a choice dictated by politics.
The Delhi government has been at pains to blame the haze and the worsening air quality on, what it says are, continuing instances of farm fires. Chief Minister Atishi told a TV channel that Prime Minister Narendra Modi’s silence on the issue has been baffling. The prime minister has been addressing election campaign rallies in Maharashtra and Jharkhand. She said the pollution is not restricted to Delhi, it is over Punjab, Haryana, Rajasthan, Madhya Pradesh and Bihar.
Atishi then blamed the BJP-ruled governments in Uttar Pradesh, Haryana and Rajasthan for not controlling farm fires in their states. While she did commend Punjab for its efforts, her praise should be taken with a pinch of salt since the Aam Aadmi Party rules over Punjab and Delhi.
The only constituents of the NCR states who have reason to be happy seem to be school children. The Court directed the states to decide on calling off classes for students up to Class 12.