A Special Bench of the Supreme Court led by Chief Justice of India N.V. Ramana assembled on Saturday to urge the Centre and the Delhi government to take “emergency measures”, even proposing a two-day lockdown, to bring air quality back to normal in a capital choked by pollution.
“Do you know how bad the situation is? People have to wear masks even at home... Think of a two-day lockdown... Reports said air is ‘severe’ in Delhi and may become worse in another two or three days... You have to take immediate measures... We should be in a position to feel better in the next few days... You tell us how you are going to control this situation,” Chief Justice Ramana addressed Solicitor-General Tushar Mehta, appearing for the Centre.
Mr. Mehta acknowledged that “there was a possibility that the air would go from ‘severe’ to ‘emergency’ category. He said a meeting was scheduled to be held on Saturday to decide the “emergency response”.
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“Schools have been opened now. Little children are out on the roads to reach their schools. You are exposing little children to pollution, pandemic and dengue...” Justice D.Y. Chandrachud, on the Bench, addressed the government.
The Delhi government said pollution markers were off the chart. The AQI had worsened by 471 points compared to just 84 points on October 30. PM10 is a whopping 593 compared to 87 last month. PM2.5 is 399 points to merely 34 last month.
“And you have opened up all the schools in Delhi, you have exposed their lives and lungs to grave pollutants... Schools are Delhi’s jurisdiction...” Justice Chandrachud asked senior advocate Rahul Mehra, for Delhi.
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Mr. Mehra compared the air to smoking 20 cigarettes a day even though “we are not smokers”. He said stubble burning in neighbouring Punjab and Haryana was a major contributor to the pollution.
Mr. Mehta also began his submissions saying there was a “spurt of stubble burning from Punjab in the last five to six days”.
“You first control Delhi... Are your [smog] towers working?” the CJI asked the Delhi government side.
“Everybody blames farmers. What about the ban on fire crackers? What has been happening for the past five or six days? What is the Delhi Police doing? This is an emergency situation, emergency measures have to be taken,” Justice Surya Kant, on the Bench, lashed out.
Mr. Mehta said the government had no intention to blame farmers or say they were alone responsible for the pollution. He said the problem was far beyond politics and there was no room for a blame game.
“The colour of the political party does not matter... We are all in this together – Delhi, Haryana, Punjab,” Mr. Mehta said.
“Yes, you have to look at the problem beyond governments and politics. Pollution is a problem for all. Politics has no role here,” Chief Justice Ramana reacted.
The law officer said the government had made available two lakh machines to handle “ in situ crop residue management” at farms. The machines would process crop residue to fodder in a bid to avoid their burning.
“But what is the incentive you have given farmers to participate in this exercise? How many farmers can afford these machines? What is the economic arrangement with farmers to collect, remove and utilise the stubble? Justice Chandrachud asked Mr. Mehta.
The law officer said farmers were given these machines at 80% subsidy.
“Even with that subsidy how many farmers can afford them... I am a farmer. The CJI is a farmer... We know,” Justice Kant said.
Mr. Mehta said marginal farmers could avail themselves of these machines free of cost. There were societies that arranged these machines for farmers.
“So how many of such machines were given by how many societies?” Justice Chandrachud asked.
Justice Chandrachud explained farmers were already under pressure to plant the winter crops in time for the kharif season.
“Farmers have very little time for planting the next crop... Can whatever agency you have tasked to remove the stubble go to these farms and remove the stubble. We have had a late monsoon this year. There is no time for the farmer to wait for you... It is good to have a policy, but how will you implement it?” Justice Chandrachud asked the Solicitor-General.
The court scheduled the case for November 15, giving the governments the weekend to meet finalise its “emergency response” as smog continues to spread its tentacles.