By Amritananda Chakravorty
The last few weeks have been replete with media reporting alarming levels of air pollution in most major cities of India, especially the National Capital Territory of Delhi. Images of thick smog and children and old people wearing masks in Delhi have been splashed in all national newspapers and the TV and online media. It is an emergency situation, with the pollutant levels PM2.5 (fine particulate matter) was at a “hazardous” 644 or over 20 times the safe limit prescribed by the World Health Organisation (‘WHO’). More than one million Indians die of lung diseases, caused by air pollution and smog, as per WHO. And the failure of the Government to control air pollution and improve air quality, by reducing crop burning in the neighbouring States of Punjab and Haryana is writ large. The fact that no Minister or the Prime Minister even bothers to mention the looming crisis we are in, let alone talking about the steps taken to bring it under control, is evident of the importance the current regime accords to the biggest health crisis staring at our faces.
Amidst all these, the Supreme Court is attempting to bring some sanity in our pollution control laws, and been trying for years now to curb the sale of crackers during diwali. On the issue of vehicular pollution, the Court has come down heavily on the manufacturers who are refusing to manufacture BS-VI compliant cars, and seeking more time to transition. In April, 2017, the Supreme Court had directed that no vehicle, which was not compliant with BS-IV norms, would be sold by any manufacturer, dealer, or motor vehicle company, whether it was two-wheeler, three-wheeler, four-wheeler, or commercial vehicles, with effect from 01.04.2017. The Court also prohibited the registration of non-BS-IV vehicles from 01.04.2017 onwards, except those which were sold on or before March 31, 2018. Now the norms have shifted to BS-VI, and the Court is considering the plea of directing the manufacturers to switch to BS-VI norms, with effect from April 1, 2020.
In August, 2018, the Parliamentary Standing Committee on Science and Technology, Environment and Forests submitted a report on ‘air pollution’, wherein it directed compliance with BS-VI norms from April, 2020 onwards, and discussed the disastrous effects of pollution on the health of citizens. Thus, rejecting the manufacturers’ contention to delay the transition, the Court categorically held that “even a day’s delay in enforcing BSVI norms is going to harm the health of the people. We are dealing here with a situation where children and unborn children suffer from pollution and issues of inter generational equity are involved.” The Court further held that “if we were to factor only economics even then it makes no economic sense to have more polluting vehicles on the roads. The effect of pollution on the environment and health is so huge that it cannot be compensated in the marginal extra profits that the manufacturers might make. The amount spent on countering the ills of pollution such as polluted air, damaged lungs and the cost of healthcare far outweigh the profits earned.” Thus, the Court directed that the manufacturers cannot sell non-BS-VI compliant cars on or after April 1, 2020.
With respect to pollution in NCR, vide an order dated 29.10.2018, the Supreme Court gave certain pertinent directions, including no plying of diesel vehicles more than 10 years’ old and petrol vehicles more than 15 years’ old, pursuant to an order of the National Green Tribunal dated 07.04.2015, creating a social media account of the Central Pollution Control Board where citizens can lodge complaints, and pre-emptive steps to be taken by the Environmental Pollution Control Authority. [M.C. Mehta v Union of India, Writ Petition(s)(Civil) No(s).13029/1985, date of judgment: 25.10.2018, and date of order: 29.10.2018]
In terms of bursting of crackers during Diwali, it has been a hard fought battle in the Supreme Court. On 23rd October, the Court issued a slew of directions, effectively banning the sale of crackers, except those with reduced emissions, and permitting bursting of crackers only for two hours during Diwali, and Christmas/New Years. Thereafter, on 31st October, 2018, the Court clarified that the ban of sale of crackers (except green ones and improved crackers) was applicable only to Delhi, and not to other states of India. Further, the Court stated that the states may be allowed to chose the timings in which the crackers can be burst, in accordance with local traditions, as long as the time period does not exceed 2 hrs. The Court also directed the Delhi government to come up with communal spaces where firecrackers could be burst. In case any violation was found, the local SHO would be informed and would take appropriate action.
The Supreme Court’s orders on fire crackers during Diwali have been targeted viciously by the right wing outfits, including the ruling BJP regime, for interfering with ‘Hindu’ traditions, and in the current atmosphere of communal vitrolic, each order of the Court is used to fuel communal disharmony. These attacks ignore the fact that attempts to control the manufacture and sale of highly polluting crackers have gone on for long. Be that as it may, as the Courts have said repeatedly, the right to life, including the right to clean environment, is paramount, and no amount of ‘traditions’ or ‘economic reasons’ can interfere with concrete steps needed to curb air pollution. [Arjun Gopal v Union of India, Writ Petition (Civil) No. 728 of 2015, date of order: 31.08.2018] (IPA Service)
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