With citizens left to fend for themselves in pollution, the Supreme Court started the day by coming down hard on the authorities, jibing, “Hope you all are enjoying the weather in Delhi.” It also did not spare the rich for ostentation, calling for a “cultural shift” away from using gift exchanges as status symbols, which leads to massive traffic snarls and worsening air quality.
Chief Justice of India Surya Kant opened the hearing with the remark, “We hope all of you are enjoying Delhi weather.” Hearing a suo motu case examining the regulatory framework governing air pollution, a bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana also expressed concern over “bumper-to-bumper” traffic in Delhi-NCR and termed vehicular emissions a major contributor to the deteriorating air quality.
It asked authorities why the air quality index remains alarming despite several regulatory measures. Underlining that a “cultural shift” was needed to curb the annual pollution menace in Delhi, the CJI said the rich had turned the practice of exchanging Diwali gifts into a social and status symbol. “The culture of Diwali gifts adds to vehicular pollution. People need to realise what our original culture is and what should be done,” the CJI said.
Observing that the national Capital continues to witness bumper-to-bumper traffic, the CJI questioned the effectiveness of existing measures to control vehicular pollution. “Look at the roads in Delhi. Look at the roads connecting Delhi with the NCR region, the Ghaziabad side, Greater Noida side, Gurgaon side and Faridabad side. Take a look at any road and the kind of vehicles moving on them. That is the major problem,” the bench said.
The bench highlighted the large number of vehicles plying on roads connecting Delhi with neighbouring areas, including Ghaziabad, Greater Noida, Gurugram and Faridabad. “Despite all these measures, why is pollution recurring? Is it only because of the movement of vehicles, irrespective of the quality of fuel being used, whether petrol or diesel,” the CJI asked, adding that despite all the measures, the AQI is touching 400.
On being told that Delhi has the maximum number of vehicles, the bench said the national capital is “virtually free for all”. “A vehicle registered in Haryana, Uttar Pradesh, Bihar, Madhya Pradesh or anywhere else can enter Delhi. You cannot monitor merely at the point of entry what kind of fuel it uses, how much pollution it generates or the overall condition of the vehicle. “There is no such mechanism. Even if a vehicle enters Delhi for just two hours and then leaves, those two hours are enough to cause damage,” the CJI said.
Delhi’s markets have been choc-a-bloc over the past few days, witnessing a festive rush ahead of the key festival on November 8. Especially in North India, exchanging gifts during Diwali has become an entrenched tradition.
The issue of stubble burning also came up during the hearing, with the bench emphasising that farmers need economic incentives and practical alternatives rather than relying solely on regulatory restrictions.
“We keep talking, sometimes making statements, sometimes making suggestions. Maybe eventually, in due course, things will improve. Ultimately, farmers need a kind of education. “They will start understanding the economics of it. Once they understand that it is incentivised and beneficial for them, they will retain the stubble and not burn it,” the CJI said.
The Centre informed the bench that according to the Decision Support System for Air Quality Management prepared by the Ministry of Earth Sciences, stubble burning accounted for around 14 per cent of Delhi’s pollution contribution on November 5. The CJI suggested developing a mechanism for purchasing agricultural residue from farmers at a predetermined rate so that they could earn from the stubble instead of burning it.
The bench said the poor people are the real sufferers, as they are on the roads, and the festival time is the only period when they earn a livelihood. Roadside vendors, workers and other daily-wage earners travelled on bicycles or small vehicles to reach their workplaces and remained exposed to polluted air throughout the day, the bench said, adding, “They are the sufferers.”
After hearing Additional Solicitor General Aishwarya Bhati, senior advocate Aprajita Singh, who is assisting the bench as an amicus curiae, and other lawyers, the bench said it will examine the status report and the chart and may issue directions. “Will call for compliance reports on the next date. We are proposing to list the matter immediately after the break… Meanwhile, we will pass an order seeking different kinds of reports and updates,” the bench said.
Lawyers, court staff get relief from vehicle ban
The Delhi High Court on Friday said lawyers and court staff would be exempt from the travel restriction imposed by the city administration on non-Delhi-registered pre-BS-VI vehicles.
Justice Amit Mahajan passed the order on a petition by the Delhi High Court Bar Association (DHCBA).
The judge said the exemption would be applicable on court working days.
Citing pollution concerns, the Delhi government decided on June 23 to ban the entry of all outside motor vehicles that do not meet BS-VI emission standards into the capital from November 1 to January 31.
DHCBA’s petition sought directions seeking exemption for vehicles “lawfully used by advocates residing in the NCR and travelling to Delhi for bona fide professional duties”.
The DHCBA president, senior advocate N Hariharan, submitted that many advocates travelled to courts in Delhi from NCR regions, including Gurugram, Faridabad, Noida and Ghaziabad, to perform “judicial functions”; therefore, their non-Delhi-registered, pre-BS-VI vehicles should be exempted from the ban.