Supreme Court Criticizes Air Quality Management Efforts: A Call for Stronger Measures to Combat Delhi’s Pollution Crisis

Supreme Court Criticizes Air Quality Management Efforts: A Call for Stronger Measures to Combat Delhi’s Pollution Crisis

Sub: Env

SEC: Pollution

Why in News:

The Supreme Court of India recently reprimanded the Commission for Air Quality Management (CAQM) over its ineffectiveness in addressing pollution in the National Capital Region (NCR), especially as stubble-burning incidents increase with the onset of winter. The court questioned whether the Commission’s actions were translating into tangible reductions in pollution.

Non-Compliance with the CAQM Act

The Commission for Air Quality Management in National Capital Region and Adjoining Areas Act, 2021 was referenced by the court, which stressed that the CAQM had not fully complied with the provisions of the Act.

The Supreme Court questioned the CAQM’s legal enforcement measures, asking for evidence of any specific actions taken under the Act against violators. The Bench urged the Commission to become more proactive and ensure that its directives are followed by stakeholders to reduce pollution.

About Commission for Air Quality Management (CAQM):

Commission for Air Quality Management in National Capital Region (NCR) and Adjoining Areas (CAQM) was established by the CAQM Ordinance, 2020 and CAQM, Act 2021.

The Act provides for the constitution of a Commission for better coordination, research, identification, and resolution of problems related to air quality in the National Capital Region (NCR) and adjoining areas.

Adjoining areas have been defined as areas in the states of Haryana, Punjab, Rajasthan, and Uttar Pradesh adjoining the NCR where any source of pollution may cause adverse impact on air quality in the NCR.

Apart from consolidating all agencies that monitored, investigated and planned mitigation of air pollution in the region, the commission has replaced the Supreme Court-appointed Environment Pollution (Prevention and Control) Authority (EPCA) which had been running for 22 years.

Powers of the CAQM:

The rulings by the Commission on air pollution will override anything contained in any other law.

The powers of the Commission will also supersede that of any other body in matters of air pollution.

Therefore, in cases where conflict may arise between orders or directions issued by the other State governments, State Pollution Control Boards or even the Central Pollution Control Board, the orders of the Commission will prevail.

The Commission will have the power to take measures, issue directions and entertain complaints “for the purpose of protecting and improving the quality of air in the National Capital Region”.

It will also coordinate action taken by states on air pollution and will lay down parameters for air quality and emission or discharge of environmental pollutants.

It will also have powers to restrict industries in any area, carry out random inspections of any premises including factories and be able to close down an industry or cut its power and water supply in case of non-compliance.

It will also be monitoring the measures taken by the States to prevent stubble burning.

WHO Air Quality Guidelines:

What is stubble burning?

A Practice of removing agricultural waste from the field by setting on fire the straw stubble (parali) that is left on the land after harvesting of grains like paddy, wheat etc.

Region: Mainly in the Indo-Gangetic plains of Punjab, Haryana, and Uttar Pradesh.

A Crime: Burning crop residue is a crime under Section 188 of the IPC and under the Air (Prevention and Control of Pollution) Act.