‘Delhi-NCR AQI To Fluctuate Between Very Poor and Severe This Week’: CPCB

The CPCB directed the governments of Delhi, Haryana, UP and Rajasthan to ensure strict implementation of GRAP measures, including sprinkling water on roads.

New Delhi: The Central Pollution Control Board (CPCB) on Monday reviewed the air quality in Delhi-NCR observing that the contribution of stubble burning may rise in the next five days with the AQI fluctuating between ‘very poor’ and ‘severe’ categories.

The central pollution watchdog also observed that substantially high emissions due to the bursting of firecrackers during Diwali, local factors and stubble burning led to the decline in the air quality of Delhi to the ‘severe’ category.

Taking stock of the situation, the CPCB directed the governments of Delhi, Haryana, UP and Rajasthan to ensure strict implementation of GRAP (Graded Response Action Plan) measures including the sprinkling of water on roads.

Implementing agencies have been asked to submit daily reports to concerned state pollution control boards and committees.

During the virtual meeting of the sub-committee on Monday, its chairperson, CPCB Member Secretary Prashant Gargava, observed that due to sudden and unforeseeable change in meteorological factors, substantially high emissions on account of bursting of firecrackers and other local sources and high contribution of stubble burning, the air quality of Delhi declined to ‘severe’ but it is in ‘very poor’ category now.

Also read: The Govt Has Spent Crores but Failed To Find a Viable Alternative To Stubble Burning in Punjab

The sub-committee reviewed air quality status as well as meteorological and air pollution forecasts.

“As per IMD’s forecast, winds are expected to be north-westerly for the next five days which may possibly lead to a high contribution of stubble burning, the CPCB said, adding the air quality may fluctuate between the higher end of ‘very poor’ and ‘severe’ category in the coming days.

It directed the authorities to increase the frequency of mechanised cleaning of roads and sprinkling of water on roads and ensure that all brick kilns, hot mix plants and stone crushers are closed in Delhi-NCR.

It directed the states to maximise the generation of power from existing natural gas-based plants to reduce the operation of coal-based power plants in the NCR and intensify public transport services and introduce differential rates to encourage off-peak travel.

States to disseminate information about air pollution levels and for creating awareness among citizens regarding steps to minimise air pollution.

“Implementing agencies, at appropriate level, must closely monitor actions taken and submit a daily report to concerned state pollution control boards and pollution control committees (SPCB/PCCs) which will review and further submit reports to Commission for Air Quality Management (CAQM) and CPCB, the pollution watchdog said.

(PTI) 

No Indian Study Has Shown Pollution Shortens Life Span, Says Javadekar

“Let us not create a fear psychosis among people,” Javadekar told Lok Sabha in response to a query about studies that life expectancy is coming down due to pollution.

New Delhi: Union minister Prakash Javadekar on Friday said no Indian study has shown any correlation between pollution and shortening of lifespan.

“Let us not create a fear psychosis among people,” Javadekar told Lok Sabha in response to a query about studies that life expectancy is coming down due to pollution.

During the Question Hour, he said the government has been taking pro-active actions to curb pollution and that the efforts are bearing fruits.

Indian studies have not shown a correlation between shortening of life and pollution, the Minister for Environment, Forest and Climate Change said.

Also read: Air Pollution Caused Over 1.2 Million Deaths in India in 2017: Report

Referring to studies indicating that pollution is reducing life expectancy, he also said such studies might not be based on first-generation data.

The central government has launched the National Clean Air Programme (NCAP) to tackle air pollution problem across the country.

“Under NCAP, 102 non-attainment cities have been identified based on ambient air quality data for the period 2011-2015 and WHO (World Health Organisation) report 2014/18,” he said.

According to him, city-specific action plans have been prepared and approved for implementation in all the 102 cities.

Delhi’s Air Pollution is Forcing The City’s Urban Families to Move Out

Families who have moved or are planning to move say that relocating is not an easy decision— financially, socially. But the health benefits of living in a safer, cleaner environment is worth the risk.

It felt like the apocalypse.” The year was 2016 and it was a day after Diwali, one of India’s biggest festivals. Mukuta Das, a young woman who lived in Gurgaon in the National Capital Region (NCR) of Delhi, said that it was a dark morning − literally and figuratively − with a thick cloud of smog enveloping the region, so much so that she could “barely breathe”. “I was pregnant at that time,” Mukuta recalled, “and I was really worried what the smoke would do to my health. So I took a day off from work.”

By the end of the day, Mukuta, who worked as a manager in a research agency, had made a decision: she didn’t want to live in such an environment anymore, joining a growing number of families who are choosing to relocate from Delhi and its vicinity to escape the air pollution.

Diwali, also called the festival of lights, is one of India’s biggest festivals. As part of the celebrations, bursting firecrackers is common, the scale of which has grown over the years. Diwali usually falls during the onset of winters and the climate and wind conditions further aggravate the pollution levels. Cities like Delhi are usually engulfed in a toxic combination of smoke and fog (smog) each winter, resulting in a health hazard.

Growing up, Mukuta, who hails from Assam in northeast India, said that pollution − air and water − was “of least concern” to her and her parents. “Now, of course, things have changed a lot there too but not to the extent I had seen in Delhi-NCR,” she said, “On that post-Diwali day, I realised that I did not want to breathe in so much toxic air and expose the ill-effects on my baby. More than anything and one of the basic things that I wanted to provide for my baby was clean air to breathe.”

Tora (meaning ‘star’) was born healthy and happy, but when her first Diwali was around the corner, Mukuta did not want to take any chances. They went away from the city for a small break − a trend she picked up from other parents with small children who had similar concerns.

Children wear air pollution masks in Delhi. Photo: PTI

But these temporary measures were hardly the solution and Mukuta and Chandan, her husband, who was working as the marketing director of a university back then, started looking at the relocating option more seriously. There were jobs to be sought after, a new house to look for, a life to be re-built − not an easy decision at all.

But when two-year-old Tora’s paediatrician told them that she would most likely develop signs of bronchitis early on, “a very common problem among children in Delhi and NCR”, the hunt to move became urgent. “We finally moved to Toronto (Canada) last year,” she said. Tora has adapted well to the change, her mother said, both health-wise and socially.

As the air quality in Delhi and its surrounding areas oscillate between very severe, severe, and poor, pollution and the impact of the environment on health have taken the centre stage and families that have the means are taking the exit route.

Also read: An Open Letter to the Supreme Court of India Against Outdoor Air Purifiers

According to multiple surveys, Delhi has among the worst air quality in the world, which also impacts its surrounding regions. Of the total deaths in India in 2017, 1.24 million deaths, equivalent to 12·5% of total mortalities, could be attributed to air pollution, according to a paper released last year by the India State-Level Disease Burden Initiative, published in the Lancet. Scientists have also warned that inhaled air pollutant particles (particulate matter) are moving from the lung to the placentas of pregnant women and if they have an effect on the placenta, this will have a direct impact on the foetus.

The National Capital Region, which includes Delhi and major cities like Gurgaon, Noida, Faridabad, and Ghaziabad, with an estimated population of around 46 million people as per the 2011 Census, is known to attract people for work, at various levels.

Increasingly though, there are people who are opting to leave the region and its pollution, to start a life in less polluted cities in India or even abroad.

Thinking health, thinking long-term

Pollution and deteriorating air quality were among the primary reasons why another young couple, Namita Agarwal and her husband, moved from Delhi a few years back. The decision materialised just before their first child was born. “My husband is a sports person so health and a clean environment are always a priority for us,” Namita said. It became an “even bigger issue than it already was” when she became pregnant.

Relocating is never an easy choice and it wasn’t so for Namita and her husband either who too moved out of India, to Italy. Ironically, Italy is among the most polluted countries in Europe, although still better off than Delhi. “My husband’s mother is Italian so, after weighing all our options, we decided to go to Italy for the delivery. It was a big challenge (to move to a different country) and it continues to be so, but honestly, for clean air and clean water, it’s a war I am willing to fight,” she said.

Monks wear anti-pollution masks, in New Delhi, on November 12, 2019. Photo: PTI

And a war-like situation it is. With people, including little children, wearing masks on the roads in Delhi; those vulnerable advised to stay indoors, and a depressing haze darkening the mornings. In the days following Diwali, celebrated on Oct 27, the Air Quality Index of Delhi stood steadfast in the ‘severe’ category, pushing the numbers much above 400.

Crop stubble burning in neighbouring states of Punjab, Uttar Pradesh and Haryana at this time of the year, along with the bursting of firecrackers during Diwali, vehicular pollution and construction work are said to be the main reasons behind the spike in air pollution and the air quality index oscillating between ‘severe’ and ‘poor’ at this time of the year, every year.

This year, however, has been exceptionally bad. The National Air Quality Index under the Central Pollution Control Board says that the Air Quality Index of 0-50 is considered good, 51-100 is satisfactory, 101-200 is moderate, 201-300 is poor, 301-400 is very poor, 401-500 is severe. On November 3 this year, the Air Quality Index had settled at 494.

The Environment Pollution (Prevention and Control) Authority declared a public health emergency in the Delhi-NCR region and banned all construction activities till November 5. Schools were asked to close down in that period as well. The prominent pollutant in this period and as it continues to be is PM2.5. These are a fine particulate matter less than 2.5 micrometers in diameter that enables them to easily lodge in the lungs and cause health problems.

PM 2.5 exposure was reported to be responsible for 7.6% of all global deaths in 2015. China and India each had the highest absolute numbers of deaths attributable to PM 2.5.

The National Air Quality Index says that very poor AQI can cause respiratory illnesses on prolonged exposure and severe AQI can affect even those with healthy lungs. Doctors say that an increase in the number of lung cancer cases in non-smokers indicates a link with indoor pollution, among others.

Pollution-related health problems common among children in Delhi

“My son was only eight months old when he had had to take the aid of a nebuliser for the first time for a respiratory problem,” said Nilangshu Nandi who worked in the corporate sector in Delhi but moved out of the city in May 2018 said. He now lives with his wife and son in Bengaluru. “The paediatrician told us that it was a very common problem for young children in Delhi, even newborns and that most parents have nebulisers at home,” he said.

Paediatrician Sudip Choudhury agrees that respiratory problems like asthma, bronchitis, cough, and cold—of different degrees—have become common among children in Delhi-NCR and “the main cause for this is air pollution”. “These problems spike during winters when there is heavy smog, but this time has been exceptionally bad,”  Choudhury of Columbia Asia hospital told Mongabay-India.

When they were in Delhi, Nilangshu said that they had to use the nebuliser once every fortnight for their baby boy, particularly around this time of the year. “We couldn’t take him out to the park, to the market (around this time of the year); just sit in the car or go to malls … as a father, it was too much to see your baby suffer so much.”

Architect Sona Mahesh similarly felt the sting of her five-year-old’s compromised health each time they went for a holiday, away from Delhi where they lived.

“If it was a long weekend, we’d head for the hills; if it was longer, we’d go to Goa or someplace else. It was as if we were just waiting for an excuse to run from the city! Each time we were in the hills or in Goa, my daughter would have none of her stuffy nose or cough problems and we’d feel much better too. It was only a matter of time before we called it quits with Delhi,” Mahesh said. She left her full-time job in an architecture firm in Delhi to move to Goa last year where she now works as a freelance consultant for similar firms. “Money-wise, I have taken a big cut, but there’s no compromising on the health of the family,” she said.

Also read: Government Denies Link Between Air Pollution and Disease, Deaths

Jobs and lifestyle compromises for health

Like Mukuta and her husband, relocating was not an easy choice for Nilangshu and his wife, nor was it for Namita, Sona, or the many other families who have already made the move or are in the process of doing so. At times, compromises have had to be made in terms of jobs and a trimmed-down lifestyle. “I am compromising my career, my social life, staying away from my family, just so my baby can be safe,” Mukuta, who is now in Toronto, said. Nilangshu similarly said that their move to Bengaluru did not help him “financially” because they had to move “out of desperation”.

Even for families without children, pollution, particularly air pollution, is becoming a driving force to take the exit route from Delhi. Pranjal Deka and his wife, for example, are planning to move to Canada next year. Apart from healthier air quality, easier immigration policies and good career prospects have been attracting young Indian professionals to Canada in large numbers over the last few years.

For Pranjal and his wife, who works with an embassy in Delhi, the tipping point has been the pollution.  “Mainly for its (pollution) effect on our health,” he said, “Both me and my wife have mild bronchitis, which aggravates with the rising smog.” That they did not want to raise a child in an increasingly unhealthy environment, also played a role in their decision-making.

“But the decision has not been easy. Both of us have been in Delhi for the last 13 years and are well-settled in our careers,” he said in retrospect. To move at this stage means rebuilding everything all over again − but Pranjal said it’s a risk worth taking. It certainly is for parents like Nilangshu, whose son has had to use the nebuliser only twice in the past year and a half, as compared to once every fortnight when they were in Delhi.

The article was originally published on MongabayYou can read it here

Do You Pollute the Air? Expect a Friendly Letter From the Authorities.

You know you will be penalised for driving a car without a license. But if you spewed toxic materials into the air without a licence under environmental law, you only need to fear receiving an amiable letter.

This is the second of a two-part analysis of the EPCA’s performance. Read the first part here.

The air pollution spike has prompted various authorities to issue statements on action that needs to be taken to deal with it. Recently, Harsh Vardhan, the Union environment minister declared that criminal cases will be initiated against those who violate environmental law. According to Vardhan, “It doesn’t matter how big an agency or how influential its official is, the CPCB will not be hesitant to initiate criminal prosecution against them. No laxity will be tolerated and we will not allow anyone to play with the health of people,” he said. The CPCB is the Central Pollution Control Board.

Vardhan said that a fixed procedure would be adopted when dealing with air pollution complaints. First, CPCB officials would warn the concerned agency or polluter within 48 hours of a complaint being lodged on the ministry’s ‘Sameer’. If the polluter or agency fails to take corrective measures within the subsequent 48 hours, the CPCB would initiate criminal prosecution.

There are two fundamental problems with this approach. First, the law does not contemplate any ‘warnings’ to a violator. The enforcement agency is not a schoolteacher or parent overseeing a misbehaving child. Second: once the violation has occurred, penal action has to be initiated irrespective of whether the violator has later complied with the law.

In fact, this is one of the core issues vis-à-vis enforcement: the complete lack of political will and administrative capacity to deal with violators. Unlike the income tax and sales tax departments, environment agencies like the pollution control boards remain reluctant to initiate legal action against offenders.

The standard approach of the pollution control board has been to write a ‘request letter’ to the violator to desist from committing an illegal act. This is followed by a second letter reminding the violator of the previous letter. The tone is decidedly friendly and apologetic. If the violator doesn’t heed the warning, the board simply ceases correspondence. It has turned out to be like a bad loan given to a big company: it is less effort for the bank to write it off, clear their balance sheets and achieve tax efficiency than to endeavour to have the money returned.

This approach is further evident with the Environment Pollution (Prevention and Control) Authority (EPCA). The environment minister’s statement about the CPCB initiating action citizens complaint is surprising. His own ministry – on October 3, 2018, reissued a 1998 notification that specifically constituted EPCA, with the specific mandate of receiving and acting on complaints of environmental laws being violated. The EPCA has had this power for two decades and it has never exercised it. Rather than adopt a strict policing role, the EPCA has on the contrary preferred to play the part of a caregiving parent and gently reprimands violators. The result of this attitude is the air-quality disaster over the National Capital Region, leaving the people at a point of almost-no-return.

All statutory laws with respect to the environment were allowed to be violated when the Pragati Maidan, New Delhi, was being redeveloped. The construction of a new ‘Integrated Convention and Exhibition Centre’ was allowed to begin without having received approval under the Air (Prevention and Control) of Pollution Act, 1981, not prior approval under the Environment (Protection) Act, 1986.

An appeal challenging the approval was heard by the National Green Tribunal (NGT). In due course, the NGT clearly expressed its opinion that the EIA Report appeared to be erroneous. However, it finally refused to intervene and upheld the approval granted. Interestingly, the NGT recorded in its judgment that the project did not have the mandatory consent under the Air Act, 1981, but strangely refused to initiate any action.

This is nothing unusual. But what is significant is the sheer brazenness with which the project has been allowed to continue. It is as if the environment ministry, the EPCA, the CPCB and the Delhi Pollution Control Committee are watching on helplessly. Not one agency has bothered to initiate criminal proceedings against the project’s promoters, the Indian Trade Promotion Organisation. There is no reason to believe that the situation will change if complaints are filed on Sameer, the web-based app. After all, an app will not take action – that responsibility falls to human beings. And as the EPCA has shown, this may not come to be, even if a body is vested with all the statutory powers it needs as well as the protection of the Supreme Court.

The next few weeks will see various enforcement agencies, and the courts, attempt to control air pollution. All these are unlikely to have any long-term impact. At the end of the day, all authorities are trying to pass the buck. The court issues a direction to the EPCA to enforce the Graded Response Action Plan to combat air pollution. The EPCA requests chief secretaries of the respective states to initiate action. The chief secretaries write to the district magistrates, who write to the sub-divisional magistrates, and so on. For polluters, it is business as usual; at worst, they may have to shut shop for a few days but that’s okay.

One reason the air pollution crisis is what it is is that we live in a city where passengers will be rightly penalised for driving cars without wearing the seatbelt or without a licence, etc. However, should a citizen spew toxic air and have no licence under environmental law, all that one needs fear is an amiable letter to cease such activity. This friendly approach of the authorities has rendered the National Capital Region an unfriendly, and barely inhabitable, area.

Ritwick Dutta is an environmental lawyer.

Delhi’s Air Is Awful – and It’s Not Even the Worst India Has to Offer

In May, the World Health Organisation said Delhi was the sixth-most polluted city in the country.

New Delhi: That time of year when Delhi makes the news for its severely polluted air is back with a vengeance. On November 8, the day after Diwali, pollution in the city reached the “severe-plus emergency” category because of the widespread use of firecrackers. And while people in Delhi can testify to just how bad it gets, what’s even more surprising is that there are five other Indian cities that fare even worse when it comes to PM 2.5 levels.

PM 10 refers to particulate matter with a diameter below 10 μm; PM 2.5 refers to that with a diameter below 2.5 μm. PM 2.5 is generally considered more harmful since its smaller size enables it to enter the lungs and cause more damage than larger particles can. 

Also read: All You Need to Know About Anti-Pollution Masks

According to a report released by the World Health Organisation in May this year, Kanpur, Faridabad, Varanasi, Gaya and Patna are even more polluted than Delhi. In the list of the 15 most polluted cities in the world, 14 are in India. Almost all of them lie in the northern states of Uttar Pradesh, Rajasthan, Haryana and Bihar.

Rand City PM 2.5 level
1 Kanpur 173
2 Faridabad 172
3 Varanasi 151
4 Gaya 149
5 Patna 144
6 Delhi 143
7 Lucknow 138
8 Agra 131
9 Muzaffarpur 120
10 Srinagar 113
11 Gurgaon 113
12 Jaipur 105
13 Patiala 101
14 Jodhpur 98
15 Ali Subah Al-Salem (Kuwait) 94

While Kanpur ranked at one in the WHO’s list, a Reuters report pointed out that the city has a hard time tracking air quality. “Every week a lung cancer patient walks in; earlier we would get one in three months,” Prem Singh, head of the department of medicine in Kanpur’s Ganesh Shankar Vidyarthi Memorial Medical College, told Reuters.

Varanasi, which ranks third on the WHO’s list, did not see ‘good’ air for even a single day in all of 2015.

Also read: EPCA Was Specially Empowered to Deal With Air Pollution Crises. Is It Working?

In Patna, pollution levels rose sharply on Tuesday. The same trends were visible in Gaya and Muzaffarpur, with air quality in the ‘very poor’ category. S.N. Jaiswal, a senior scientist at the Bihar State Pollution Control Board, told Times of India, “Vehicular emission and dust emanating from damaged roads and construction activities are responsible for the high level of air pollution in Patna and some other cities in Bihar.”

This year, ignoring a Supreme Court order to burst only “green” crackers between 8pm and 10 pm on Diwali, residents burst crackers in several parts of the country at various times of day. In Delhi, which saw a large amount of crackers, PM 2.5 levels reached 999. Yet, post Diwali, Kolkata was worse than Delhi in terms of PM 2.5 levels, with reckless explosions in the city. Patna, Gaya and Muzaffarpur in Bihar were also particularly affected.

While pollution levels in Mumbai rose after Diwali, researchers said the air in the city was cleaner than the same time in other years.

According to Down to Earth magazine, air quality has been deteriorating even before Diwali in all 70 cities for which the Central Pollution Control Board releases an AQI bulletin. Between October 22 and 29, the report says, not one of these cities breathed air in the ‘good’ category. So even while media and public attention has been focused on Delhi and other metropolitans, smaller cities maybe breathing even more harmful air.

The problem is compounded by other factors. In a report by the Times of India, Gufran Beig, director and chief scientist of the System Air-quality Forecasting And Research (SAFAR), said that the convergence of air masses in the Indo-Gangetic plains, together with calmer air during the winter, makes it difficult for stagnant polluting particles to disperse.

Thick Haze Engulfs Delhi as Diwali Celebrations Continue Long After SC Deadline

Several localities in the national capital region recorded an air quality index (AQI) of 999, the highest the scale can record. Police said serious action would be taken against those found violating the 10 pm deadline to burst crackers.

New Delhi: The day after Diwali, Delhi’s air quality index (AQI) turned ‘hazardous’ as celebrations lasted much longer than the deadline of 10 pm set by the Supreme Court. The national capital’s overall AQI was recorded at 805 at 6 am on Thursday morning.

Several locations in Delhi reported an AQI of 999, the highest that the index can record. Areas such as Anand Vihar, Major Dhyan Chand National Stadium were among those that recorded an AQI of 999.

On Wednesday night, the AQI was 302 at 11 pm, which is categorised as “very poor”.The air quality started deteriorating rapidly from 7 pm, when it was 281. It rose to 291 at 8 pm and further deteriorated to 294 at 9 pm and 296 at 10 pm, according to the Central Pollution Control Board (CPCB).

Also Read: In Imposing a Partial Ban on Crackers, SC Has Put Right to Life Over Religious Freedom

The Supreme Court had allowed bursting of firecrackers from 8 pm to 10 pm only on Diwali and other festivals. It had also allowed manufacture and sale of only “green crackers”, which have lower light and sound emission and less harmful chemicals.

The court had asked the police to ensure that banned firecrackers were not sold and said in case of any violation, the station house officer (SHO) of the police station concerned would be held personally liable and it would amount to committing contempt of the court.

But despite the apex court order, there were reports of its violation from many areas long after 10 pm.

Several areas showed a spike in the air pollution. Areas like Anand Vihar, ITO and Jahangirpuri recorded very high pollution levels.

Violations of the deadline were reported from Mayur Vihar Extension, Lajpat Nagar, Lutyens Delhi, IP extension, Dwarka, Noida Sector 78 among other places.

The police admitted that there were violations, adding that they would take serious legal action against those violating the apex court order.

The online indicators of the pollution monitoring stations in the city indicated “poor” and “very poor” air quality as the volume of ultra-fine particulates PM2.5 and PM10, which enter the respiratory system and can reach the bloodstream, sharply rose from around 8 pm.

According to the CPCB data, the 24-hour rolling average of PM2.5 and PM10 was 164 and 294 micrograms per cubic metre respectively on Wednesday.

Haze engulfs Delhi after Diwali celebrations. Credit: ANI

The SAFAR forecast “bad” air quality Thursday even though partially toxic crackers were burst as compared to 2017. It also said the pollution levels would peak between 11 am and 3 am on Wednesday and Thursday.

The Environment Pollution (Control and Prevention) Authority announced on Thursday that trucks would not be allowed to enter Delhi until Saturday, in light of the increased pollution.

High pollution in Gurgaon, Noida and Ghaziabad

The situation was similar, if not worse, in the neighbouring areas of Delhi such as Gurgaon, Noida and Ghaziabad, where crackers were burst as usual, raising question marks on the efficacy of the administration in enforcing the apex court’s ban.

Also Read: China Can Set a Good Example for Delhi’s Air Pollution Menace

A “very poor” AQI essentially means that people may suffer from respiratory illnesses on a prolonged exposure to such air. If the air quality dips further, the AQI will turn “severe”, which may trouble even those with sound health conditions and seriously affect those with ailments.

As many as 209 calls were received by the Delhi Fire Services on Diwali, including one related to a huge fire in a factory at Bawana, officials said.

Of these, 89 calls were related to fire incidents at garbage and dumpyards, while the rest were related to fire incidents involving electric wires, at factories and residential areas, a senior Delhi Fire Services officer said.

The officials said the number of calls related to firecrackers was comparatively low, but there was no decline in the number of calls related to fire incidents.

Air pollution in Delhi was severe after Diwali celebrations. Credit: ANI

The Centre, in collaboration with the Delhi government, has launched a 10-day “Clean Air Campaign” from November 1 to 10 to monitor and report polluting activities as well as to ensure quick action.

About 52 teams deployed under the campaign are visiting different parts of Delhi and the adjacent towns of Faridabad, Gurugram, Ghaziabad and Noida.

The teams are being led by the sub-divisional magistrates of the respective areas and comprise senior officials of the Ministry of Environment, Forest and Climate Change (MoEFCC), representatives of the CPCB, the Municipal Corporation of Delhi (MCD) and the Delhi Pollution Control Committee (DPCC).

(With PTI inputs)

EPCA Was Specially Empowered to Deal With Air Pollution Crises. Is It Working?

Despite being vested with enormous powers, the Environment Pollution (Prevention and Control) Authority has been reluctant to proactively rein in the ‘airpocalypse’ in the National Capital Region.

This is the first of a two-part analysis of the EPCA’s performance. The second part will be published tomorrow.

The National Capital Region is in a state of environmental emergency. For a purely winter phenomenon, air quality is way worse than is acceptable throughout the year. Improvements usually happen by going from the ‘very severe’ category to the ‘very poor’.

The irony is that such environmental deterioration has essentially happened in the last two decades – despite a heightened level of judicial action to control air pollution while having a dedicated authority for it. While the people and the media have concentrated on the nature of action initiated by courts and the pollution control boards, few the manner in which an authority constituted with the objective of ‘protecting and improving the quality of environment’ in the National Capital Region has functioned.

This entity is the Environment Pollution (Prevention and Control) Authority – a.k.a. EPCA. Let us analyse the extent to which the EPCA has performed its mandated task, of ‘improving the quality of environment’, in Delhi. (The following analysis is based on information obtained through RTI applications as well as publicly available information.)

Performance as an authority

The EPCA was constituted under the provisions of the Environment (Protection) Act, 1986. Though it has existed for 20 years, its term is extended by specific notifications issued by the Government of India. The latest notification is dated October 3, 2018, when it was reconstituted by including new members. The reason why EPCA is an authority, and not just an advisory committee, is because it has powers similar to those enjoyed by the Centre. Specifically, it can issue directions in writing to any person, officer or authority, including for – but not limited to – stoppage of electricity, water and other services. If its directions are not followed, it has powers to file criminal complaints (under section 19 of the Act) before courts.

The EPCA chairperson has often written letters to the chief secretaries of various states in the NCR region requesting compliance. However, there is nothing publicly available about action initiated by the EPCA in case of noncompliance. In fact, in a recent RTI response, the EPCA specifically stated that “it never needed to invoke the powers under Section 19 of the Environment (Protection) Act, 1986′.

It is puzzling that despite being vested with enormous powers, the EPCA has been reluctant to issue any directions vis-à-vis environmental quality, restriction of activities, control over emissions and other subjects the authority has mandate over. The last two decades have witnessed a drastic decline in environmental quality in the NCR region, paralleling the EPCA’s reluctance to be proactive. This raises disturbing questions about its attitude in dealing with such a crucial issue.

Also read: Delhi’s Air Pollution Level Rises Sharply Ahead of Diwali, Thick Haze Engulfs City

The EPCA has been empowered to take suo motu action as well as on the basis of complaints made by any individual, representative body or organisation functioning in the environmental issues sector. One of the EPCA’s important powers is the redressal of grievances through complaints. So it is surprising that while applications on pollution are filed before the Supreme Court, the National Green Tribunal and high courts, one rarely hears about complaints being filed before the EPCA.

The authority’s website does not provide any information on how complaints have to be filed or how they will be heard or decided. Further, no report or decision on any complaint is available on the site. In fact, when a specific query was raised with Sunita Narian, a member of the EPCA, about its role, her response was:

EPCA’s main work has been to assist the Supreme Court in preparing Reports and also in monitoring the implementation of the Courts Orders.

This is not the only role of the EPCA. Its principal charge is to serve as an effective grievance redressal forum. And if an effective complaints-processing system had been worked out, it could have led to greater citizen involvement in dealing with pollution.

Conflicts of interest

The EPCA is headed by Bhure Lal, a former secretary to the Government of India. A retired IAS officer, Lal was appointed as the chairperson in 1998. His is perhaps the longest ever appointment in any statutory committee and/or authority in the Government of India.

The issue is no less serious with the authority’s other members. Civil society groups have until recently represented through two members: Narain, director general of the Centre for Science and Environment (CSE), and Vishnu Mathur, director general of the Society for Indian Automobile Manufacturers (SIAM). As a result, there are serious issues with respect to the EPCA’s independence and objectivity.

SIAM’s main role is to promote the growth of the automobile industry and its members have stated in public that they are opposed to any restriction on the use of diesel cars.

Clearly, the presence of official representatives in the authority represents a serious conflict of interest as well as a lack of representation. The official members include all the Municipal Corporations of Delhi, the Delhi Police and the Delhi jal (water) board. There is no representative from any other state other than Delhi. As such, the EPCA can hardly be called an authority representing the NCR region; it is at best an authority for Delhi, given its Delhi-centric approach. This lack of representation is not limited to the government: even with the reconstituted EPCA, all civil society groups and other major institutions are based in New Delhi.

Further, given that the EPCA has been empowered to initiate prosecution, the presence of officials from so many departments and municipal corporations is a cause for concern. This is because most violations of environmental law in India happen thanks to the connivance of enforcement agencies, including municipal bodies.

In a way, this explains why the EPCA has not initiated even a single criminal complaint before a magistrate till date, despite there being numerous violators to pull up. It is therefore a part of the reason why not a single case has been registered under the Air (Prevention and Control of Pollution) Act, 1981, in Delhi – a city that has ranked among the world’s most polluted cities – in three years.

At the same time, one can’t underplay the EPCA’s efforts to improve the environment. For example, the authority is to thank for the Supreme Court’s recent decisions about pet coke and BS VI compliance for vehicles. However, assisting the Supreme Court is not the authority’s primary function. The success of an authority should not be judged by the quality or quantity of reports it prepares but by improvements in the quality of the environment. The fact that many cities in the National Capital Region are horribly polluted is a testimony to the EPCA’s failure.

There is thus a need for a thorough discussion and review on the need and utility of such an authority.

Ritwick Dutta is an environmental lawyer.