In Brief
This landmark environmental case arose from a writ petition challenging severe air pollution in Delhi and NCR region caused by multiple sources including stubble burning, vehicular emissions, construction activities, industrial pollution, and waste burning. The Supreme Court held that persistent air pollution constitutes a gross violation of the right to life under Article 21. While acknowledging farmers' hardship, the Court rejected any right to burn stubble when it endangers public health. The Court directed the Central and State Governments to implement comprehensive measures: provide Rs. 100 per quintal incentive to non-burning farmers, dedicate modern crop machinery free or on concessional terms to small and marginal farmers, deploy anti-smog guns and smog towers, control industrial and vehicular pollution, ensure proper waste management, and address water pollution. The Court found the State machinery at all levels—from Chief Secretaries to Gram Pradhans—responsible for these failures and held that financial constraints cannot excuse abdication of constitutional duties. The odd-even vehicular scheme was deemed ineffective and abandoned.
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