Courts and tribunals have done their bit, now it’s govt’s job to tackle pollution: Swatanter Kumar

New Delhi

As National Green Tribunal’s (NGT) first chairman, former Supreme Court judge Justice Swatanter Kumar had made a concerted effort for the effective implementation of environment laws in the country.

In his five-year tenure, Justice Kumar passed landmark orders and judgments, including the ban on 10-year-old diesel vehicles and closure of tanneries without effluent treatment plants that discharged untreated sewage into the Ganga. Justice Kumar had authored the judgment on how to prevent stubble burning, which he delivered after hearing out farmers in the case.

In his first-ever interview after he demitted office in January 2018, Justice Kumar tells Hindustan Times that stubble burning in the neighbouring states is not the “only major source” of air pollution that chokes Delhi every year post-Diwali, though the effects of the fumes are cancerous.

On the AAP government’s odd-even scheme to ration traffic in the Capital, he says the measure will not succeed with exemptions.

Q: Delhi becomes a gas chamber at the onset of winter. As always, this year also the Delhi government blamed stubble burning in Punjab, Haryana and Uttar Pradesh for the spike in air pollution levels. You have dealt with this issue while you headed the green court. What is your assessment?

Nobody can deny there is a serious issue with regard to pollution in Delhi-NCR. To blame farm fires would not be the right way to address this problem. Stubble burning does add to the pollution levels in the Capital but it is not the primary source or the only source of pollution. However, farm fires do need to be tackled because the impact of the fumes is very harmful.

We speak of farm fires only when winter sets in but pollution in Delhi is a round-the-year phenomenon and is not restricted to just one season. Air Quality Index in the Capital is high through the year, even when there are no farm fires. It is just that citizens have learnt to live with increased levels of particulate matter.

Farmers are not to be blamed. They are keen to stop farm fires, provided the government gives them support in terms of purchase of the residue, which can be utilised to make boards and recycled paper among various products.

Q The Delhi government’s odd-even scheme has come under criticism from various quarters. What is your opinion about this measure?

A: The odd-even scheme is in principle a welcome measure. But it will not be effective if the exemptions continue. The drive should be held without exemptions. Two-wheelers are the biggest source of vehicular pollution today. The government should not keep them out of the ambit. Let there be some public transport facility for two-wheeler users during the drive so that they are not put to any inconvenience.

Also, odd-even in isolation will not give the desired results. There are multiple factors contributing to pollution that need to be accepted by the authorities, such as unmanaged garbage that is usually disposed of by burning. Sources like these need to be identified and eliminated and this has to be a continuous process.

With knee-jerk reactions, pollution in Delhi can never be controlled. There has to be a continuous regulation of measures and then only the AQI level can be brought within reasonable limits.

Q Is there a need to have a more stringent legal mechanism to curb pollution in terms of punishment and imposition of fines?

There is no dearth of laws in this country. Parliament has from time to time framed legislations that provide for effective remedies against all types of pollution. The problem is with the implementation. The administration needs to be made more accountable.

We have laws to tackle with every type of violation harming the environment. There is no lack of regulatory measures. What we lack is effective implementation. Courts and tribunals have done their bit. The very fact that Supreme Court is looking after the pollution issue shows the role judiciary has played to tackle environment pollution. Now it’s the government’s job.

Q Do you think Delhi suffers due to the multiplicity of agencies? There is DDA, MCD, Delhi government and also the top court-appointed EPCA.

Stopping pollution is doable, even with multiple agencies. Every civic body in Delhi has its role defined. They just need to perform their part and collaborate with each other regularly and not when pollution levels soar. Sources of pollution are known to all agencies. With the involvement of Residents Welfare Association (RWA), the agencies can undertake steps to deal with them collectively.

There are judgments that place obligation on everybody when it comes to fighting pollution. The agencies need to carry out their duties with responsibility and that is not a huge task.