By : Satyaki Paul
On August 05, 2021 the Parliament of India gave assent to a Bill which would formalise the Commission for Air Quality Management for National Capital Region (NCR) and its adjoining areas.
This new commission would have a full-time chairperson and a range of members consisting of both representatives from several Ministries as well as independent experts and will have the final say on evolving policy and issuing directions to address air pollution in Delhi and the adjoining regions.The Centre hasclarified that the new organisation would be a ‘permanent’ body to address pollution in the National Capital Region Delhi and address sources of pollution in Delhi, Punjab, Rajasthan, Haryana and Uttar Pradesh.
The all-powerful body (more than CPCB) assumed several powers to coordinate action among States, levy fines —ranging up to ₹1 crore or five years of prison—to address air pollution. In comparison with the Central Pollution Control Board (CPCB) and its State branches (SPCB); these bodies have the powers to implement provisions of the Environment Protection Act (EPA), 1986 for air, water and land pollution, in case of dispute or a clash of jurisdictions, the New Air Quality Commission’s writ would prevail specific to matters concerning air pollution.
Nonetheless, the Union Government had committed to removing a clause in the Air Commission Bill that would penalise farmers for burning stubble, an important contributor to noxious air quality. The text of the Bill does away with this clause.
There are three main solutions to stubble burning: in-situ treatment of stubble, ex-situ treatment, and changing cropping pattern. These are:
- Changing cropping patterns for stubble treatment: The most efficient technology to counter stubble burning at the moment is Turbo Happy Seeder (THS). It not only cuts and uproots the stubble but can also drill wheat seeds in the soil that have just been cleared up. The straw is simultaneously thrown over the sown seeds to form a mulch cover.
- In-situ treatment of stubble:U.S.A.-based New Generation Power International has proposed to set up 1000 MW biomass energy generating plants in Punjab to address stubble burning.
- Ex-situ treatment of stubble:Machines can harvest the crop and, in the process, stubble is made into fine pieces. The agro waste can be utilised to make eco-friendly products–cups, plate, egg trays and insulation boards. Recently, Green Gears has made idols of Lord Ganesh with agro residue.
Furthermore, the Chhattisgarh model is an innovative experiment that has been undertaken by the Chhattisgarh government which involves the setting up of gauthans.A gauthan is a dedicated five-acre plot, held in common by each village, where all the unused stubble or parali is collected through parali daan (people’s donations) and is converted into organic fertiliser by mixing with cow dung and a few natural enzymes. microbes.The scheme also generates employment for the rural youth.
However, there are numerous concerns on the present Bill put forward by environmentalists across India. As because of the centralisation of the powers to the Union Government. Further, the Act observes that no civil court will have jurisdiction to tackle any suit, proceeding or dispute pertaining to or arising out of the actions taken or directions issued by the commission and that orders of the commission can only be contested before the National Green Tribunal (NGT). In a nutshell, such clauses limit the legal action of the Supreme Courts and other courts of respective states.