Stubble Burning and Delhi! Courts, contestations and more…
It’s long thread, please bear with us.
One of the initial judgments regarding stubble burning (CWP 10138 of 2006 and CWP 7501 of 2007) was delivered in the High Court of Punjab and Haryana in 2012. In this the court had warned against a complete ban, saying it will not be effective.
In 2015, NGT responding to a petition had banned stubble burning in Punjab, Haryana, Rajasthan, UP & Delhi (App No 113 of 2013, PB). In this court said, among other measures inc penalties, that machines should be provided freely or its cost covered for farmers who have < 2 acres.
In the Delhi High Court Case re air pollution (WP(C) 1346/2015) measures were given to provide machines, form committees to prevent stubble burning, impose penalties. NGT in another case (OA 666/2015, OA 835/2018, OA 860/2018) again suggested similar measures.
Responding to petitions filed by farmers in 2017 (CWP 23799 of 2017) against registering criminal cases against farmers, imposing hefty fines & not providing with compensation & equipments; the HC of Punjab & Haryana stayed P&H governments from imposing fines on farmers in 2019.
SC in its magnum opus air pollution case (WP 13029/1985) had taken up the issue since 2018.
It said “to punish farmers is not the ultimate solution”.
In Nov 2019, among other measures, directed govts to look into the matter of allocating machines to small & marginal farmers.
As we can see, several cases have been filed in the recent past, numerous orders passed, courts have repeatedly told administrative institutions to act, prescribed technologies, penalties.
Why is the problem still persisting? Can courts do more in this scenario?
The issue has repeatedly viewed from Delhi’s point of view. The nature of crops grown & who decides this, MSPs offered, decline in g/w, effect of govt policies to tackle all of this. We don’t have the answers. But maybe it’s time to reach out to the missing voices & viewpoints.
That the science around the contribution of stubble burning to Delhi’s air pol is contested is not taken into a/c while making policies. There are multiple studies w/ varying estimates of stubble burning's share to Delhi’s air pol. Are farmers then being made an easy target?
The farmers, have surreptitiously been left out of these decisions. This is in stark contrast to when the automobile sector rep in 1998 was part of the comm forming solutions. In fact courts have repeatedly portrayed farmers as ignorant & directed IEC materials to be printed!
You can follow @ReDraftEIA2020.
Tip: mention @twtextapp on a Twitter thread with the keyword “unroll” to get a link to it.

Latest Threads Unrolled: