New Delhi The Supreme Court Tuesday pulled up the Punjab government over stubble burning, which is a substantive part of air pollution in the capital, saying it cannot be a political battle and farm fires must be stopped. The apex court said air pollution in the capital is a complete murder of the health of people and pointed out the suffering of children.
A bench comprising justices S K Kaul and Sudhanshu Dhulia said, "It can't be a political battle all the time..” and stressed that children are suffering from health issues. “We want it stopped. We don't know how you do it but it must stop. Something must be done immediately to stop it now”, said Justice Kaul. The bench stressed that stubble burning must go, and added that there seems to be no endeavour to stop it."
The bench said "it is the peculiar problem of timing of the particular crop, but there is no seriousness the court feels. Justice Kaul told the counsel, representing the Punjab government, said, “We do not care how you do it….it must stop. Whether by sometimes forceful actions and sometimes by incentives…..”.
The Punjab government counsel submitted that from last year to today farm fires have been reduced by 40% in Punjab. “Suddenly, you are shifting the burden on another state….it cannot be a political battle. This can’t be a political battle all the time (shifting of blame on another state depending who is ruling the state)...complete murder of the health of people. See the number of younger children in Delhi who are going through health issues”, said Justice Kaul.
Justice Kaul said the issue of farm fires should be sorted and the court has zero patience, and it should be sorted tomorrow so that it does not occur next year. The apex court is hearing a plea in connection with air pollution in the national capital.
The court said the burning of crop residue in Delhi neighbouring states -- Punjab, Haryana, Uttar Pradesh and Rajasthan -- is a key factor behind the massive spike in Delhi's air pollution every winter. The apex court asked the state governments to take steps to stop stubble burning.
Advocate General of Punjab Gurminder Singh submitted that "Paddy interestingly is not a native crop of Punjab. It was brought in and encouraged by the central government because of the Food Security Act and where wheat and paddy were to go to the PDS and Punjab being alluvial land….Punjab was chosen because of the incentives for the purpose of paddy and wheat". Singh said, " Now MSP has further added to the issue. Now farmers are resorting to crop rotation of paddy and wheat for purposes of MSP because it is very lucrative to sow these crops….as of today, from last year to today we have a 40% reduction in these crop fires in Punjab".
Justice Kaul said, “Everybody cannot throw up their hands….why can't we stop these fires”. The Punjab's counsel said unfortunately in the state landholding has come to be on a very, very small level and most farmers are marginal farmers, and this problem is only occurring with paddy.
Justice Kaul said, “There is no endeavour to stop paddy cultivation and switch over to another crop which is one methodology and second, your water table is terrible…..paddy takes a lot of water. Neither farm fires stop, nor alternative crops take place……”
Punjab counsel said the problem occurs in these 15-20 days of November.
Justice Kaul told the Punjab government’s counsel, “we want it stopped; we don’t care how you do it. It is your business how to do it. It must stop….you have to stop it. Whether sometimes by forceful action or sometimes by incentives….you have to stop it”.
The bench did not spare Delhi government either and pointed that at vehicular emissions, another key contributor to Delhi's air pollution. "Delhi government also must be responsible. There are many buses running that pollute and run at half capacity. You have to attend to the problem," said the bench.
The apex court has scheduled the matter for further hearing on Friday and asked Centre to hold a meeting with governments of Uttar Pradesh, Rajasthan, Haryana, Punjab, and Delhi on ways to stop stubble burning.
Senior advocate Aparajita Singh, amicus curiae in the matter, said the farm fires in Punjab have not been checked and stubble burning is a major contributor in Delhi's poor air quality. She said the Commission for Air Quality Management and states are saying they are taking all steps to control air pollution but stubble burning is still on. Senior advocate Gopal Sankaranarayan, appearing for one of the petitioners, said this matter is being heard since 2017 and several orders have been passed.
The apex court said this crop is also destroying the water table of the State and the minimum support price (MSP) is leading to smuggling of grains from other states.
The bench also noted suggestions by the Punjab government that farmers are doing it due to economic reasons, alternatives not adhered to due to obstinacy or cost, and expensive machines are purchased, where 25% paid by farmers yet they are unwilling. The Punjab government said it is ready to bear 25% cost and 25% can be borne by Delhi, and the Centre should provide 50%.
The bench said the residents of Delhi are suffering because “we fail to find solutions to aggravated problems in this period”. "This is on-going for five years. It is time to do something. The matter requires immediate attention and court monitoring," it added.
The apex court also directed the Centre to consider phasing out paddy cultivation in Punjab, even though it is not a native crop, by giving out MSPs on other alternative crops like millets. "Switch over is necessary, the central government is anyway encouraging other crops," the bench said.
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