The Ministry of Environment, Forests and Climate Change (MoEFCC) is poised to present the Commission for Air Quality Management in the National Capital Region and Adjoining Areas Bill, 2021 in Parliament during the Monsoon Session.
Background and Changes in the New Bill
In October 2020, the President promulgated the initial Commission for Air Quality Management ordinance. Despite this, the bill replacing the ordinance was not approved during Parliament’s budget meeting, leading to the Commission’s disbandment in March 2021. Subsequently, in April 2021, MoEFCC introduced a second ordinance with modifications to address farmers’ objections.
Farmers had expressed concerns about severe penalties and potential imprisonment for stubble burning as outlined in the first ordinance. In response, the government removed the criminality of stubble burning, eliminating the clause enabling possible imprisonment. However, those found guilty of stubble burning, including farmers, are now subject to environmental compensation fees.
Overview of the Bill
The Bill proposes the creation of a Commission to improve coordination, research, identification and resolution of air-quality related issues in the National Capital Region (NCR) and its adjacent areas. These neighbouring areas are defined as regions in Haryana, Punjab, Rajasthan, and Uttar Pradesh that may impact NCR’s air quality due to pollution sources.
The proposed legislation will dismantle the NCR’s Environment Pollution Prevention and Control Authority established in 1998.
Composition of the Commission
The Commission would have a full-time chairperson, who would either be a Secretary to the Government of India or a Chief Secretary to a State government. The chairperson’s tenure is three years, or until he/she reaches the age of 70. The Commission will comprise members from various Ministries, representatives from stakeholder States, experts from the Central Pollution Control Board (CPCB), Indian Space Research Organisation (ISRO) and Civil Society.
Functions of the Commission
The Commission’s functions will encompass coordinating actions taken by state governments, executing plans to prevent and control air pollution in the NCR, and creating a framework for identifying air pollutants. It will also develop research through collaborations with technical institutions, train a specialised workforce to handle air pollution-related issues, and establish various action plans such as enhancing plantation and addressing stubble burning.
Powers of the Commission
The new entity will have the authority to issue instructions and hear complaints to protect and improve NCR and neighbouring areas’ air quality. It will establish parameters for controlling air pollution, like determining acceptable emission levels and pollutant discharge. Furthermore, it will identify violators, monitor factories and industries, and hold the power to shut down any polluting units in the region. The Commission can even overrule state government directives that violate pollution norms.
The Path Ahead
Addressing public issues like air pollution requires democratic conceptualisation in terms of legal and regulatory changes. This initiative necessitates a significant increase in inner-city public transportation, shifting industries and power plants away from polluting fuels like coal towards natural gas, electricity and renewable energy sources.
For efficient and effective policy making, government should thoroughly review various laws and institutions and engage in comprehensive consultations with all relevant stakeholders. These stakeholders include not only farmers’ groups and small scale industries, but also the general public.