As govt sets up a new air pollution commission, is it too little, too late?

The move faces criticism for being too Delhi-NCR centric and an attempt to usurp rights of state governments

As Delhi and adjoining areas in the National Capital Region entered into their worst season with air quality crossing the ‘severe’ mark, the Centre brought an Ordinance to set up a new ‘air pollution commission’. 

This is the first time the Centre has formed a legislative commission for air pollution under the Environment Protection Act (EPA),1986. This replaced the existing Environment Pollution (prevention & control) Authority (EPCA) formed in 1998 after a Supreme Court order.

The commission has been bestowed with the authority to shut down or prohibit any industry or operations which cause air pollution. It can also regulate the supply of electricity and water supply to polluting sources. In case of any hindrance faced by the commission at any polluting site, it will have the powers to seize and search under the Code of Criminal Procedure, 1973 and issue a warrant under section 94 of the Code.

It’s been a fortnight since the commission was declared and its core members and Chairperson elected and all it has done is come out with one “advisory”. On November 9, the commission issued a notice with 10-point advisory for “public involvement” ranging from reducing private transport to controlling dust. 

“These are very general recommendations and something which the different agencies are supposed to act on without any further interventions by a body like the commission. The existence of commission should ensure better implementation directing the specific departments and sectors to reduce emissions in a targeted manner and strict action if the targets are not followed,” said Sunil Dahiya, analyst with Centre for Research on Energy and Clean Air. He however added it is still early days for the commission, so one should wait and watch how it unfolds.

But the resistance to such a commission has already started. One major task of the commission is to formulate parameters for emissions and discharge of environmental pollutants including stubble burning. Stubble burning starts from middle of October as the paddy crop is harvested and farmers in North India get their fields ready for the next wheat crop. This is also one of the major reasons for increased PM 2.5 levels in the NCR air.

A thick blanket of smog covered the India Gate due to air pollution in New Delhi on Monday.

In 2020, between October 1 to November 4, as per the Indian Agriculture Research Institute (IARI), there have been around 50,220 incidents of stubble burning in the major North Indian states of Punjab, Haryana and UP, almost 33 per cent more than the same period last year, with Punjab leading the count with 44 per cent more incidents of stubble burning this year as compared to 2019.

Ashish Mittal General Secretary of All India Kisan Mazdoor Sabha (AIKMS) said as the commission has been vested with powers to issue directions to states but not to the Central government, this is a takeover of the States’ rights.

“For us, the commission is nothing but a devious game plan to take action against those farmers who are protesting against the three farm bills. It’s an act of vengeance by the Central government against the protesting farmers,” Mittal said.

He also added that PM2.5 is just one component of the air pollution, and there is no action taken to address the other pollutants. “Studies show that in NCR in PM 2.5, the share of stubble burning in peak season is around 40 per cent. PM 2.5 is just another pollutant, while the other two are PM 1 and PM 10. But, Central agencies don’t consider PM 1 as a major pollutant, because its major constituent is construction, which will not be punished by the Commission,” said Mittal. 

There is also criticism against the legislation to be only focused on the Delhi-NCR region while there are areas across the country with similar or higher levels of pollution. 

Dahiya noted that the approach of taking up only Delhi-NCR as key region while formulating any regulations to combat hazardous air pollution levels portrays the dual approach of our law makers towards Indian citizens

“This indirectly implies that lives of some people are more dear to the government than the others, as air pollution levels are equally or even more hazardous than Delhi in other parts of the country and lakhs of people die due to the air pollution in geographies beyond Delhi-NCR boundaries,” said Dahiya.

Infogram

Mittal also added that while the commission will have the right to punish the people burning the stubble but not address the impact of stubble burning on the people who stay in rural areas. 

According to the State of Global Air report 2020 by Institute for Health Metrics and Evaluation’s Global Burden of Disease project, India accounted for the highest increase in the deaths caused due to PM2.5 levels in the air. The report said air pollution is now the highest risk in India and “contributes to more than 116,000 infant deaths.”

The Air Quality Index (AQI) in Delhi was in ‘poor’ category on Thursday with PM2.5 level at 315, according to the SAMEER portal by the Central Pollution Control Board (CPCB). While the portal has data for 115 cities, there is no coverage of eastern states which have coal mines and thermal power plants. Similarly, the SAFAR portal by the Ministry of Earth Sciences, has data for four cities – Delhi, Pune, Mumbai and Ahmedabad. 

“We have lots of laws, rules, regulations, policies and directions on air pollution issue, the real issue with them is that those are not implemented on ground in spirit and also most of them lacks a time bound targeted approach,” said Dahiya, “The Indian legislature should ensure that there is no dilution or delay in implementation of norms and stricter emission standards for industries/big polluters and public health is prioritised over short sighted profits for few.”