Introduction

Recently, the Supreme Court of India expressed serious concerns about the ongoing issue of stubble burning in the states of Punjab and Haryana. The Court criticized the selective enforcement of penalties for stubble burning and emphasized that such practices violate citizens' fundamental right under Article 21 of the Indian Constitution, which guarantees the right to live in a pollution-free environment.

Court’s Observations on Stubble Burning

• The Supreme Court highlighted the failure of state governments in effectively implementing laws against stubble burning.
• Selective Enforcement: The Punjab and Haryana governments were accused of prosecuting only a few violators while allowing many others to escape punishment by paying a nominal fine.
• The Court observed that this approach is a blatant violation of the right to live in a pollution-free environment, which is guaranteed under Article 21 of the Constitution.

Right to a Pollution-Free Environment

• The Court emphasized that every citizen has the fundamental right to live in an environment free from pollution, as mandated by Article 21 of the Constitution.
• The Court questioned the effectiveness of current environmental regulations, specifically pointing out the lack of proper machinery to collect fines under Section 15 of the Environment (Protection) Act, 1986.

Impact of Stubble Burning

Stubble burning, primarily in the northern states of India, exacerbates air pollution, especially in Delhi and surrounding regions. The seasonal spike in air pollution during the months of October and November is largely attributed to farm fires. This not only worsens the air quality but also has severe implications for public health.

Environmental and Health Consequences

• Air Pollution: The burning of crop residues significantly contributes to the rise in PM2.5 and PM10 levels, leading to hazardous air quality.
• Soil Health: Burning crop residues depletes essential nutrients from the soil, reducing organic carbon content and harming soil fertility.

Health Risks

• Exposure to pollutants like particulate matter (PM) can lead to respiratory problems, heart diseases, and other health complications for the population, especially in densely populated areas like Delhi.

Legal and Institutional Shortcomings

• Inadequate Implementation: Despite laws and penalties being in place, the lack of an effective enforcement mechanism has resulted in the persistence of stubble burning.
• Toothless Penalties: The Supreme Court criticized the amended Section 15 of the Environment Protection Act, 1986, which replaced criminal penalties with financial fines for environmental violations. However, the lack of rules and appointed adjudicating officers has rendered this provision ineffective.
• No Serious Enforcement: The failure of the Central government and state authorities to implement effective penalties has led to widespread non-compliance with environmental laws.

Government Actions and Responses

Centre’s Efforts:

• The Central Government has introduced a Central Sector Scheme to promote agricultural mechanization for in-situ management of crop residue in Punjab, Haryana, Uttar Pradesh, and Delhi.
• The government provides financial assistance of up to 50% for the purchase of machinery, such as the Happy Seeder, to manage paddy stubble without burning.
• A total of ?3,062 crore has been released from 2018 to 2023 to tackle stubble burning.

State-Level Actions:

• The Punjab government has introduced cash incentives for farmers who refrain from burning stubble. Additionally, the state is offering non-fiscal incentives, such as access to panchayat land for storing paddy straw.
• The Pusa Decomposer, developed by the Indian Agricultural Research Institute (IARI), is a bio-enzyme used to decompose crop residue. It helps in turning the stubble into manure within 20-25 days, enhancing soil health.

Challenges for Farmers:

• Many farmers still prefer burning stubble due to high costs associated with alternative methods of residue management.
• The Happy Seeder and other machinery remain expensive and are not affordable for most small-scale farmers, leading them to resort to burning as the most cost-effective option.

Court’s Directive and the Way Forward

• The Supreme Court directed the Centre and state governments to ensure better enforcement of laws related to air pollution, vehicular emissions, and industrial pollution.
• The Court also urged the Union Government to consider Punjab’s request for additional funds to tackle the stubble burning issue and to strengthen the enforcement mechanism.
• Urgency for Action: The Court’s observations suggest that the existing framework needs urgent reforms to protect citizens’ right to a pollution-free environment.

Constitutional Provisions Related to Environmental Protection

India’s Constitution provides several provisions to ensure the protection of the environment:

Article 21: Right to Life and Environment

• In the landmark case Subhash Kumar v. State of Bihar (1991), the Supreme Court held that the right to life under Article 21 includes the right to a wholesome environment.
• This view was reiterated in Virender Gaur v. State of Haryana (1994), further strengthening the legal framework for environmental protection.

Directive Principles of State Policy

• Article 48A: The State is mandated to protect and improve the environment and safeguard forests and wildlife.
• Article 39(e) and 47: These Articles place a duty on the State to promote public health and ensure environmental protection.

Fundamental Duties

• Article 51A(g) places a duty on citizens to preserve and protect the environment.

Conclusion

The Supreme Court’s ruling highlights the urgent need for better implementation of environmental laws and the protection of citizens’ fundamental rights under Article 21. While government schemes are in place, a more robust and consistent approach is required to address the issue of stubble burning and air pollution. Immediate reforms in the enforcement mechanisms and incentives for farmers are crucial to achieve a sustainable, pollution-free environment in India.

India has emerged as the top global plastic polluter, releasing 9.3 million tonnes (Mt) of plastic annually, accounting for nearly 20% of the world's total plastic emissions.

Top Plastic Polluters:

1. India: 9.3 Mt
2. Nigeria: 3.5 Mt
3. Indonesia: 3.4 Mt
4. China: Previously first, now fourth, due to improvements in waste management practices such as incineration and controlled landfills.

Understanding Plastic Emissions

Plastic emissions refer to plastic that escapes from managed systems into unmanaged or uncontrolled environments. These emissions can occur throughout the lifecycle of plastic, from production through to disposal.

Intergovernmental Negotiating Committee (INC)

The INC, established by the United Nations Environment Programme (UNEP) in 2022, is working towards creating a global binding treaty on plastic pollution. The committee addresses the entire plastic lifecycle:

• INC Sessions:
  • INC-1: Punta del Este, Uruguay (November 2022)
  • INC-2: Paris, France (May – June 2023)
  • INC-3: Nairobi, Kenya (December 2023)
  • INC-4: Ottawa, Canada (2024)
  • INC-5: Scheduled for South Korea (November 2024)

Status of Waste Generation in India

• Underreported Waste Generation: Official figures estimate 0.12 kilograms per person per day, which may be higher in reality.
• Excluded Data:
  • Waste from rural areas.
  • Waste recycled by the informal sector.
  • Open burning of uncollected waste.

Global Trends in Plastic Pollution

• Sources of Pollution:
  • Global North: Littering is a major contributor.
  • Global South: Uncollected waste is the primary source of plastic pollution.
• Top Polluting Countries: 69% of global plastic waste emissions come from 20 countries, mostly low- and middle-income nations.
• High-Income Countries: Although these countries produce more plastic waste, their advanced waste management systems prevent them from being top polluters.

India's Initiatives to Address Plastic Waste

• UNDP India’s Plastic Waste Management Program (2018-2024): Focuses on improving plastic waste management practices.
• Ban on Single-Use Plastics (SUP): Prohibits the manufacture, import, sale, and use of plastic bags thinner than 120 microns.
• Plastic Waste Management Rules (2022): Introduces Extended Producer Responsibility (EPR) for plastic packaging, with targets for recycling, reusing, and using recycled plastic.
• Swachh Bharat Mission: Launched in 2014 to improve waste management and eliminate open defecation.
• India Plastics Pact: Aims to transform the plastic lifecycle.
• Project REPLAN: Focuses on creating carry bags from a blend of plastic waste and cotton fibers.
• Un-Plastic Collective: Promotes a circular economy to reduce unnecessary plastic use and environmental impact.
• GoLitter Partnerships Project: Targets reducing marine plastic litter from fisheries and shipping.

Global Initiatives to Combat Plastic Pollution

• Closing the Loop: A UN Economic and Social Commission for Asia and the Pacific project to develop policies addressing plastic waste.
• Global Tourism Plastics Initiative: Aims to reduce plastic pollution from the tourism sector by 2025.
• EU Single-Use Plastics Directive (2021): Seeks to minimize plastic waste in the environment.

Why is it in the News?

The air quality in Delhi-NCR declined over the past week due to a gradual drop in temperatures, calm winds that trap pollution, and a surge in post-harvest paddy straw burning across Punjab and Haryana.

Context:

• The air quality in Delhi has plummeted to hit the ‘severe’ category for the first time this season, with the AQI breaching the 450 mark according to the Central Pollution Control Board (CPCB).
• The State government implemented restrictions, including banning construction and demolition activities.
• Over the last few years, Delhi and its surrounding areas have been subject to hazardous smog, which conincides with the winter months rolling in.
• Smoke from farmers burning crop stubble, vehicle exhaust and factory emissions combine every winter to blanket the region in a toxic haze.

What is Pollution?

• Pollution refers to the contamination of the earth's environment with materials that interfere with human health, quality of life or the natural functioning of the ecosystems.
• The major forms of pollution include water pollution, air pollution, noise pollution and soil contamination.
• Other less-recognised forms include thermal pollution and radioactive hazards.

What are the Reasons behind Rising Air Pollution in Delhi?

• Delhi is one of the most polluted capital cities in the world for a variety of factors, including location (landlocked city), traffic patterns, dust, and farm fires.
• However, weather also has a significant impact.
• Typically, Delhi experiences deteriorating air quality from October to November, with improvements occurring from March to April.
• Unlike the winter season, the current weather conditions are not unfavorable.
• During winter, cool and calm weather tends to trap and intensify daily pollution, especially in northern India within the Indo-Gangetic Plain.
• In addition to local emissions, the decline in air quality is primarily attributed to an increase in fire incidents, largely resulting from the burning of wheat crop stubble in northern India especially Punjab and Haryana.
• Air Pollution in Delhi-NCR and the Indo-Gangetic Plains is a complex issue influenced by a variety of factors.
• Location: Delhi is a landlocked city compared to Mumbai and Kolkata so the level of pollution is more as the level of particulate matter and pollutants is not able to get discharged into the surrounding areas.
• Wind Direction: In October, the monsoons withdraw from Northwest India, bringing northwesterly winds.
• During summers, northwesterly winds transport dust from northern Pakistan and Afghanistan.
• Reduced Wind Speed: Winters see lower wind speeds compared to summers, making the region more susceptible to pollution.
• Delhi's landlocked position doesn't benefit from the sea breeze that disperses pollutants in other parts of the country.
• Stubble Burning: Burning crop stubble in states like Punjab, Rajasthan, and Haryana adds to the winter smog.
• This practice releases harmful gases like methane, carbon monoxide, volatile organic compounds, and carcinogenic polycyclic aromatic hydrocarbons.
• Vehicular Pollution: Vehicular emissions significantly contribute to declining air quality in Delhi during winter, accounting for about 20% of the problem.
• Dust Storms: Dust storms from Gulf countries worsen the existing pollution levels.
• Dry and cold weather results in dusty conditions from October to June, contributing to PM10 and PM2.5 pollutants.
• Temperature Drop: Lower temperatures reduce the inversion height, concentrating pollutants in the lower atmosphere.
• The inversion height is the layer beyond which pollutants cannot disperse upward.
• Firecrackers: Despite bans on firecracker sales, Diwali celebrations with fireworks contribute to air pollution.
• Construction Activities and Open Waste Burning: Large-scale construction projects in Delhi-NCR increase dust and pollution.
• Landfill sites and open waste burning also add to air pollution concerns.

Impact of Air Pollution on health:

• Respiratory Issues: Air pollution is a major cause of respiratory problems, including asthma, bronchitis, and lung infections.
• It can exacerbate existing conditions and increase the risk of developing them.
• Cardiovascular Diseases: Poor air quality is linked to heart problems, including heart attacks and stroke, as it can lead to the buildup of plaque in blood vessels and raise blood pressure.
• Cancer Risk: Long-term exposure to certain air pollutants is associated with an increased risk of lung and other types of cancer.
• Neurological Effects: Emerging research suggests that air pollution may have adverse effects on the central nervous system and could be linked to cognitive decline and mental health issues.
• Reduced Life Expectancy: Prolonged exposure to air pollution is associated with a shortened life expectancy, as it contributes to a range of health problems that can be life-threatening.

Impact of Air Pollution on Economic Growth:

• Healthcare Costs: Air pollution increases medical expenses due to illnesses, reducing economic growth.
• Lower Productivity: Poor air quality impairs worker productivity, hampering economic output.
• Tourism and Investment: Severe pollution deters tourists and investors, affecting local economies.
• Agricultural Losses: Air pollution harms crops, impacting food production and livelihoods.
• Environmental Cleanup Costs: Funds spent on pollution control divert resources from productive sectors, hindering economic growth.

What Steps Should Be Taken to Address Pollution in Delhi?

• Congestion Charge: Introducing a congestion charge for private vehicles during peak hours can alleviate traffic congestion and promote public transport or carpooling.
• Revenue generated from this charge can support green projects or subsidize electric vehicles, encouraging eco-friendly choices.
• Cap-and-Trade for Industrial Emissions: Implementing a cap-and-trade system sets emission limits for industries, fostering a market-driven approach to pollution reduction.
• This incentivizes industries to lower emissions and invest in cleaner technologies, ultimately reducing pollution.
• Drones for Pollution Control: Utilizing drones to detect and mitigate pollution hotspots is a proactive measure for managing air quality.
• Drones provide real-time air quality data with high resolution, allowing for public accessibility and targeted intervention.
• Vertical Gardens: Incorporating vertical gardens in urban areas enhances aesthetics and air quality.
• They absorb carbon dioxide, release oxygen, and create habitats for wildlife, contributing to urban biodiversity.
• Rewards for Low-Carbon Lifestyles: Promoting low-carbon living through a rewards system, such as points, vouchers, or tax benefits for eco-friendly choices like public transport or carpooling, encourages environmentally conscious behavior, reducing carbon footprints.

Government Measures to Combat Pollution in Delhi:

• National Clean Air Programme (NCAP): Aims to reduce PM10 and PM2.5 particles by at least 20% by 2024 compared to 2017 levels.
• Graded Response Action Plan (GRAP): As per a Supreme Court order, GRAP outlines actions based on different Air Quality Index categories, addressing air quality in Delhi and the National Capital Region.
• Stubble Burning Mitigation: Various short-term solutions, both in-situ and ex-situ, have been introduced to address crop stubble burning, such as Subsidy to farmers for Turbo happy seeders and bio-decomposers.
• Turbo Happy Seeder (THS) is a machine mounted on a tractor that cuts and uproots the stubble, in order to reduce stubble burning.
• Mobile Enforcement Teams: Enforce regulations against vehicular pollution, complemented by public awareness campaigns and investments in mass rapid transport systems. Phasing out old commercial vehicles is also underway.
• Cleaner Transport: The introduction of BS-VI vehicles, push for electric vehicles (EVs), Odd-Even as an emergency measure and construction of the Eastern and Western Peripheral Expressways to reduce vehicular pollution.
• Improved Farming Practices: Encouraging better disposal of crop residue and exploring cost-effective solutions, like chemical decomposition by the Indian Agricultural Research Institute, are essential for tackling stubble burning.
• "Green War Room": This initiative uses satellite data to identify sources of smog, particularly farm fires in Punjab and Haryana, and takes necessary action.

In response to a growing environmental and health crisis, antipollution measures are being strengthened. However, to ensure success, government bodies at various levels must need to gather the political will to boost investment, foster cross-boundary cooperation, and motivate both citizens and businesses to make their contributions.