The Supreme Court on Monday told the Centre that Delhi’s air crisis cannot be addressed by “perennial GRAP” across NCR. The Court stated that air pollution requires a long-term solution, not just repeated emergency measures.
Court Wants Sustainable, Long-Term Solutions
The Chief Justice of India, B.R. Gavai, stated that the government has to come up with a solution that will gradually reduce pollution. He added that a solution must be devised while considering the suffering to migrant labourers, daily wage workers, and construction workers.
The Bench said that short-term measures help only for one or two days, and do not address the cause of Delhi’s lethal air. The Bench directed the Centre to have these stakeholders on board and develop a long-term policy.
Harsh Measures Will Reduce Livelihood
The Court cautioned that the harsh measures under GRAP would ruin livelihoods, as in the event of being in force throughout the year. The CJI noted that the Supreme Court would not be able to even function under such a GRAP system.
The Chief Justice of India said that the state cannot be to simply “ban everything” and wait for AQI to drop. Such a ban could have “massive” repercussions, the Court said.
Government Acknowledges Knee-Jerk Solutions Do Not Work
Additional Solicitor General Aishwarya Bhati acknowledged that “knee-jerk” solutions do not address pollution in Delhi. She cited stubble burning, vehicle emissions, and dust from construction as the main contributors.
The Chief Justice of India said that year-long limitations will mean that cars will no longer be on the road. Senior advocate Gopal Sankaranarayanan then suggested that some online hearings could reduce the number of cars on the road. He also suggested an increased road tax for cars.
Stubble Burning is Critical Issue
Amanicus curiae, Aparajita Singh explained the secret to the stubble burning crisis. She said that the Groundwater Preservation Act of 2009 encouraged farmers to plant late, leaving farmers with little time between harvesting paddy and planting wheat. Then, they burned their stubble because it was cheap and quick.
She also noted that new reports show that many farmers are now gaming the satellite monitoring, so officials do not grasp the full extent of burning incidents and only use official numbers.
Funds Alone Cannot Solve the Problem
The Centre allocated over ₹2,000 crore to states like Punjab and Haryana for machines to remove stubble in situ. However, during his argument, Mr. Sankaranarayanan said that government funding will not resolve the issue.
The policy put in place in 2009 is having an unintended effect by increasing stubble burning, he submitted, and needs to be revisited.
He also commented on India’s WHO AQI thresholds for air quality. He said these thresholds delay preparing to implement the GRAP plans while the air in the country continues to meet WHO thresholds and commented that the AQI data is higher than global standards. Doctors are diagnosing grey lungs in people, including children, he said.
Court Bids Cooperation from States and Centre
In her remarks, Ms. Bhati stated that she will communicate the court’s ideas to the government. The Bench suggested that the Centre liaise with the affected states and give an update to the court by November 19.
While stating that only a coordinated planning effort over the long term can disrupt Delhi’s deadly cycle of polluted air, the CJI noted that only the government has the authority to coordinate the planning needed and it will need to rely on experts in understanding what the problem is, affected communities and all affected states to help them come to a conclusion on long-term planning.
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