Green Tribunal Defines Emergency Norms For Delhi, Neighbouring States
NGT pulls up Delhi and four other state government for laxity in addressing Delhi’s dire pollution problem.
After pronouncing an order which lasted over three hours on Thursday, the National Green Tribunal laid down rules for environmental emergencies in the national capital and its four neighbouring states.
The Justice Swatanter Kumar-led bench outlined a slew of measures which the five state governments – namely Delhi, Uttar Pradesh, Haryana, Punjab and Rajasthan – must implement if particulate matter (PM) levels rise above the limits prescribed by the Central Pollution Control Board (CPCB).
Particulate matter is a mixture of particles that are hazardous for health.
The prescribed limits of PM 10 and PM 2 in India are 100 micrograms per cubic metre (ug/m3) and 60 micrograms per cubic metre (ug/m3) respectively. The daily average of PM levels are supposed to be even lower at about 60 ug/m3 for PM 10 and 40 ug/m3 for PM 2.5, according to a submission by environmental experts before the NGT.
If daily average is to be taken into consideration the violation is practically 20 times in excess as its 1990 ug/m3 for and from any rational angle this is disastrous.NGT Order
The bench was furious as state officials failed to come up with any immediate measures to tackle rising pollution in Delhi.
“Why haven't you worked out measures yet? What is so auspicious about NGT orders? We are dictating steps today as governments do nothing by studying and giving reports. We feel that any levels in excess of 600 for PM 10 and 400 for PM 2.5 could be very injurious to human health. We want your (state governments) and technical experts’ inputs on what is hazardous and how will you work towards preventing and controlling pollution. Nobody has done anything expect shifting blame cap from one state to the other. Public that has elected you to power and their health has become least of your concerns.,” observed the bench.
War On Pollution
States are required to take the following measures if PM levels exceed the prescribed levels:
The green tribunal observed in its order that all states have a “constitutional duty to protect public health and provide at least clean air for its citizens to breathe. Inter-generational equity does not support any development even if carried out under the doctrine of sustainable development where the next generation would be exposed to worst ecological environment. Children have a right to breathe clean air and play outside rather than be ordered to sit in their respective homes.”
In addition to emergency measures, the tribunal has set up central and state level committees to oversee and implement long term measures to curb pollution.
“As we have already noticed that the Indian air quality in states and Delhi NCR has reached limits which are unimaginable, unacceptable and are a clear indication of negligence on the part of authorities. It adds to the disadvantage of health of citizens. The time has come where all concerned authorities irrespective of their stature must show concern to improve the environment of Indian air quality in states and Delhi NCR,” says the green court’s order.
The state committees will submit on-ground reports to a central committee which has been directed to oversee the implementation of NGT’s orders.
The central committee will hold its first meeting on November 17 followed by a state committees meeting on November 24. The central committee, headed by environment secretary of Ministry of Environment and Forest (MoEF), will submit its first report before the next hearing on January 4 and give subsequent status reports every three months.
Reiterating its earlier order, the tribunal asked Delhi government to implement the ban on 10-year-old diesel and 15-year-old petrol vehicles vigorously and asked other states to consider passing similar orders to reduce vehicular pollution. Further, states have been asked to issue guidelines on manufacturing and burning of crackers.
“All authorities should create social awareness as to the disadvantage and adverse impact of burning of crackers on different occasions. We also direct states governments to consider withdrawal of incentives for agriculturists burning crops,” the bench said.
The Supreme Court also heard pollution related matters on Thursday. In a scathing remark, the Chief Justice of India demanded, "Is the government waiting for people to die with rising pollution?"
The apex court has given the government 10 days to submit a concrete roadmap on measures to curb pollution in the National Capital Region. The court has also asked the Central Pollution Control Board to consider setting up one monitoring room to check pollution levels across states. The Centre will hold a meeting on November 19 to decide the roadmap and the next Supreme Court hearing will be held on November 25.