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Stubble Burning Violates Article 21: SC

Last updated on October 24th, 2024 Posted on October 24, 2024 by NEXT IAS Current Affairs Team  8

Syllabus: GS3/ Environment

Context

  • The Supreme Court emphasized that stubble burning violates citizens’ fundamental right to live in a pollution-free environment, guaranteed under Article 21 of the Constitution.

About

  • The court raised concerns regarding the actions taken by the Commission for Air Quality Management (CAQM).
  • It also pointed out that a proper machinery for collection of fines under Section 15 of the Environment (Protection) Act, 1986 had not been formulated.

What is Stubble Burning?

  • It is the practice of intentionally setting fire to the crop residue (stubble) that remains in the fields after the harvest of grains like rice, wheat, and other cereals. 
  • The method is commonly used in North India, especially in Punjab and Haryana to quickly clear their fields and prepare them for the next sowing season.
  • The smoke from stubble burning contains harmful pollutants like particulate matter (PM2.5 and PM10), carbon monoxide, and greenhouse gases, contributing significantly to air pollution.

Reasons for Stubble Burning

  • Cost-effectiveness: It is a quick and cheap method of clearing large fields.
  • Time-saving: Especially in areas with short windows between harvesting and sowing seasons.
  • Limited Alternatives: Farmers may lack access to affordable machinery that can remove stubble effectively.

Why is Delhi more Polluted than other Metropolitan cities?

  • First, Delhi’s location in the Indo-Gangetic plain traps pollutants due to its geography and surrounding mountains prevent dispersal of pollutants.
  • Second, Stubble burning by the nearby states releases massive amounts of smoke, which drifts towards Delhi and worsen air quality during late autumn and early winter.
  • Third, Industrial and vehicular emissions worsen the atmosphere more.
  • Fourth, Delhi experiences temperature inversion during winters, where cooler air traps pollutants close to the ground.
Commission for Air Quality Management (CAQM)
– CAQM was constituted under the Commission for Air Quality Management in National Capital Region and Adjoining Areas Act, 2021.
– Objective: 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. 
– Powers of the Commission include;
1. Restricting activities influencing air quality, 
2. Preparing codes and guidelines to prevent and control air pollution,
3. Issuing directions on matters including inspections, or regulation which will be binding on the concerned person or authority.  
4. The Commission may impose and collect environmental compensation from farmers causing pollution by stubble burning prescribed by the central government. 
5. The Commission issues orders to combat air pollution in NCR under the Graded Response Action Plan (GRAP).
– In case of any conflict, the orders or directions of the Commission will prevail over the orders of the respective state governments, the Central Pollution Control Board (CPCB), state PCBs, and state-level statutory bodies.

Source: TH

 
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