Stubble Burning Occurred During Covid Too, Yet We Had Blue Skies; Farmers Alone Cannot Be Blamed For Delhi's Pollution : Supreme Court

The Supreme Court on Monday questioned the tendency to single out farmers for Delhi's persistent air pollution, observing that stubble burning existed even during the Covid lockdown when the Capital experienced unprecedented clear skies.

A bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi was hearing the MC Mehta case pertaining to the air pollution in the National Capital Region. The court said the narrative around stubble burning must not become “a political issue or an issue of ego” and stressed that the causes of Delhi's toxic air are multifactorial. 

"As per the scientific analyses, which is contributing the most? We do not want to comment on stubble burning, incorrect to burden the people who are hardly represented in the Court. Stubble burning was there during the Covid, but why could the people still see clear blue sky? The issue of stubble burning should not unnecessarily become a political issue or issue of ego. If at all a farmer is burning, it is also for an asset, it's a commodity.." CJI Surya Kant said.

"Very soon , we want a report, within a week, on the effective measures taken to prevent causes other than the stubble burning," CJI said.

The Court pressed the Union government for clarity on whether its action plans have produced any real impact. “If you have been able to finalise the action plan, why don't you revisit it? Have you been able to bring any positive impact?” the CJI asked, seeking details of the steps taken and the expectations underlying each measure.

Additional Solicitor General Aishwarya Bhati informed the bench that action taken reports from all authorities, including Punjab, Haryana and the CPCB, would be filed. She submitted that the target for all states was “zero burning,” which had not been achieved, but added that stubble burning is only a seasonal factor. Justice Bagchi pointed out that construction activity is another major contributor and asked how effectively the construction ban had been implemented on the ground.

The ASG said the government's affidavit contains category-wise data on contributions from vehicles, construction, dust and stubble burning. She referred to IIT studies from 2016 and 2023 and said vehicular emissions and industrial dust remain major pollutants. “PM2.5 gets coated with toxic chemicals in industrial areas and enters the lungs,” she said.

The bench also sought details of the expertise and background of members of the Commission for Air Quality Management before proceeding further.

One counsel appearing in the matter highlighted rampant roadside parking, saying vehicle density in Delhi exceeds that of several metro cities combined. The CJI said metro expansion will eventually help but short-term measures remain essential.   One counsel mentioned that the orders passed by Justice Kuldeep Singh in the 1990s in the MC Mehta case for the use of CNG buses helped control pollution a lot. He said similar measures were the need of the hour.

The matter will be heard next on December 10.