"Can't Blame Only One State...": Top Court's Farm Fires Reprieve For Punjab

Farm fires in Punjab cannot be blamed as the sole contributor of Delhi's annual air pollution crisis, the Supreme Court observed Monday as it directed the Commission for Air Quality Management to meet the Punjab, Haryana, and Uttar Pradesh governments on proposed action plans for crop diversification and in-and ex-situ management for crop residue to tackle the issue of stubble burning by farmers.

This waste material is what is burned by farmers in all three states (to clear the land and prepare for a new round of crops) and is one of the reasons for Delhi's horrific winter air quality problem.

"There is a note on paddy straw management... a note by CAQM (the Commission for Air Quality Management). The solution, as can be seen from the stand taken in these notes, can be broadly summarised as planning for crop diversification and in- and ex-situ management of crop residue. We direct them (the states) to file affidavits after consultation," the court said.

The court then directed each government to file separate affidavits (after consultation with the CAQM), after which the anti-pollution body has been told to file a response of its own.

The top court's observations on the contribution of Punjab to Delhi's AQI crisis followed data for the period post-November 15, which was when the state last reported a farm fire.

Since then, as Punjab's counsel, Attorney-General Gurminder Singh, pointed out, the air quality in Delhi had plummeted to over 400 in December and January, suggesting that while farm fires from the state may have contributed to earlier crises, it could not be seen as being solely responsible.

Justice Abhay Oka responded, "You are right. We can't blame only one state..."

In November, Punjab said it had reported a 70 per cent reduction in farm fires between September 15 and November 15, as compared to last year. This was attributed to "significant mechanisation in the agricultural sector", the state government told the court then.

READ | 70% Decline In Farm Fires This Season: Punjab Agriculture Minister

Farm fires, or the burning of stubble, remains a flashpoint between the Haryana, Punjab, and Uttar Pradesh governments, with each blaming the other three for Delhi's AQI crisis.

The Delhi's Aam Aadmi Party government, meanwhile, blames all neighbouring states, except, this time, Punjab, where the AAP is also in power. Delhi Chief Minister Atishi in November slammed the Bharatiya Janata Party, in power at the centre and in Haryana and UP, for the issue.

"Other cities in northern India are also polluted... what is the centre doing? Only Punjab has reduced stubble burning. Why doesn't the central government act against others?" she raged.

The entire issue, as it does every year, rolled up to the Supreme Court, where the bench of Justice Oka and Justice Augustine George Masih has been hearing arguments.

Over the course of several hearings the court has also slammed the Delhi government for lax implementation of anti-firecracker rules for Diwali. In response to the criticism the Delhi government issued a year-round ban on firecrackers, prompting the court to direct the UP and Haryana governments to enforce a similar move until further orders. The bursting of firecrackers - a widespread practice in the Delhi-NCR, despite laws against it - is also seen as a major contributor.

Justices Oka and Masih had come down hard on the Delhi government and police, which reports to the Union Home Ministry, calling their attempts to explain "eyewash".