https://www.opindia.com/2022/11/cji-dismisses-urgent-listing-of-petition-against-stubble-burning/
At a time when the national capital Delhi and its surrounding regions continue to suffer deadly air pollution, the newly appointed Chief Justice of India, Justice D.Y. Chandrachud, refused urgent listing of a petition seeking an end of stubble burning. Shockingly, the CJI also ruled that ending stubble burning will not end air pollution, despite the evidence that burning of farm residue during this period contributes significantly to air pollution in the region.
Advocate Shashank Shekhar Jha had mentioned the PIL today seeking urgent listing, but the CJI refused the plea. In his mention, advocate Jha said that banning of stubble burning can be effective in tackling the pollution issue, but the CJI didn’t agree with the observation. Justice Dhananjaya Yeshwant Chandrachud, who took oath as the Chief Justice of India yesterday, said that enforcing the ban against every farmer will not work, and the country needs ‘some genuine solutions’.
“Let’s find some genuine solutions, this is not the way,” the CJI said. He also suggested that the matter is not judicially amendable, and therefore the court can’t take it up immediately. “There are some things that courts can do and some things courts can’t. We handle matters which are judicially amenable. We will not take it up immediately,” CJI DY Chandrachud reportedly said.
The PIL has been filed by advocate Shashank Shekhar Jha seeking directions to stop stubble burning by declaring it a criminal offence, which mentions the union government and the governments of Delhi NCT, Punjab, Haryana, and Uttar Pradesh as respondents. The Writ Petition has been filed under Article 32 of the Indian Constitution to protect the interest of the public at large who are suffering from air pollution.
Talking about the severity of the situation, the PIL cites the Air Quality Life Index (AQLI) report released by the Energy Policy Institute at the University of Chicago (EPIC), which says that residents of Delhi stand to lose 10 years of life due to air pollution. It mentions how the air quality index in Delhi has reached dangerous levels crossing 400+.
The petition then adds that stubble burning in the region continues, with 2,109 fire incidents recorded on November 1, out of which 1,842 incidents were from Punjab alone. “the situation is so worse that National Commission for Protection of Child Rights (NCPCR) has recommended that the schools of Delhi must be closed in order to protect the children from severe air-pollution,” says the PIL.
Advocate Jha mentions that despite orders of the Supreme Court, the governments have not taken steps to ensure a complete ban on stubble burning, and in fact, it has [increased](https://www.ndtv.com/india-news/punjabs-stubble-burning-higher-than-last-year-aap-blames-centre-3482898#:~:text=Despite a range of promises,Indian Agricultural Research Institute shows.) by 21% in Punjab this year. The PIL states reports saying that the share of stubble burning in Delhi’s PM2.5 pollution jumped to 38 per cent, which is the main reason behind thick layer of pungent smog over national capital. The PIL also states how the AQI in the region continues to be in severe category.
Given these facts, the PIL raises several questions, which are:
Therefore, advocate Jha petitioned the Supreme Court to issue directions in respect to stubble burning, to issue directions on pollution control measures like installation of smog towers, plantation drives, affordable public transport, etc. The petition also requests to set up a High-level committee under the Chairmanship of a retired Supreme Court Judge to tackle the air-pollution crisis due to stubble burning, to direct the governments to take responsibility of eliminating stubble burning. The petitioner also requested that the educational institutions should be closed and they should shift to virtual/online classes.
However, as mentioned above, the CJI refused urgent listing of the PIL despite the fact Delhi region is currently choking from severe air pollution. While CJI said that stopping farmers from burning stubble will not end air pollution, the fact is that stubble burning is a major cause of air pollution during this period, and if stopped, the pollution level will come down significantly.
According to data provided by the System of Air Quality and Weather Forecasting and Research (SAFAR), the share of stubble burning in PM.25 pollutants had jumped to 38% on November 3rd, the highest this season.
As per a study by the Indian Institute of Technology Delhi (IIT Delhi) published earlier this year, biomass burning contributes the most to the air pollution of the national capital. The report also had said that pollution from firecrackers used on Diwali is insignificant, as the pollutants from Diwali firecrackers are heavy and they don’t even remain in the air for a day.