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Supreme Court Bans Pet Coke and Furnace Oil to bring down Air Pollution in NCR

India tops the list of biggest consumers of pet coke globally, which emits 11 per cent more greenhouse gases than coal. Consequently, India also records the highest number of deaths with pollution as its main cause

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Supreme Court
Industries employing pet coke and furnace oil emit large amounts of sulphur oxide and nitrogen oxide that can penetrate deep into the lungs and cause respiratory problems. Pixabay
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New Delhi, October 25, 2017 : Environmental issues have been on the Supreme Court’s radar lately. After the crackers-ban on Diwali, the Supreme Court on Tuesday banned the use of two cheap but extremely polluting industrial fuels in and around New Delhi in an attempt to clean the air in the national capital region (NCR).

The Supreme Court banned the use of petroleum coke which is a dirtier alternative to coal, and furnace oil and has directed three states namely Haryana, Uttar Pradesh and Rajasthan to notify the ban on immediate basis. The decision came after the Court was informed about the soaring pollution levels in NCR following Diwali due to toxic gas emissions by industries that rely heavily on petroleum coke (commonly called pet coke) and furnace oil.

However, this was not the first time that the two pollutants were banned.

Previously, the hazardous fuels had been banned in Delhi in 1996. However, despite court restrictions, their use continued in the NCR in brick kilns, cement factories, ceramics manufacturers and paper mills.

The new order comes after a government-appointed body, the Environment Pollution (Prevention and Control) Authority (EPCA) found high sulphur levels and recommended banning the two fuels to the court in April.

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On Tuesday, a Supreme Court bench headed by Justice MB Lokur ordered for the ban to come into effect naturally from November 1 in case the government failed to notify the prohibit.

Why Did The Supreme Court Ban Pet Coke and Furnace Oil?

India tops the list of biggest consumers of pet coke globally, which emits 11 per cent more greenhouse gases than coal. Consequently, India also records the highest number of deaths with pollution as its main cause with 2.5 million Indians facing earth deaths in 2015, as per data by The Lancet Commission on Pollution and Health

For an easier comparison, petrol and diesel comprise of 50 PPM (parts per million) of the extremely dangerous sulphur.

On the other hand, pet coke has 69,000-74,000 PPM and furnace oil has 15,000- 23,000 ppm sulphur in its composition.

Industries employing these two fuels emit large amounts of sulphur oxide and nitrogen oxide that can penetrate deep into the lungs and cause respiratory problems like asthma, and bronchitis.

Burning of pet coke also releases sulphur dioxide which is a known cause of several lung diseases and acid rain.

How Will The Ban Affect Industries?

The ban on pet coke and furnace oil is believed to imply heavy losses to the industries using these fuels; the worst hit will be numerous small and medium sized industries that employ thousands of workers.

“Furnace oil is used in estimated
50-60% industries. As an alternate,
we can use CNG but it will cost us
nearly 2-3 times more”
– Dinesh Mittal,
                                     President of Sahibabad Industrial Area, Site-IV, (as told to Hindustan Times)

Pet coke is known to deliver more per-unit energy in comparison to coal, and is also readily and cheaply available which is why small-sized industries depend heavily on them. The low costs make it an attractive offer for the buyers. Banning the fuels may further restrict their ability to expand operations and hire more staff.

The Central Pollution Control Board had submitted a draft on stipulated norms in June which only received attention and was uploaded on the ministry website in October.  The furious Supreme Court also pulled up on the Centre for being insensitive and for “sitting and doing nothing” about the growing pollution levels in the NCR.

The Supreme Court has now ordered for the governments of  Rajasthan, Haryana and Uttar Pradesh to notify the ban and complete the exercise by December 31.

 

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India Gets A Win, Supreme Court Decriminalizes Homosexuality

In December 2013, a Supreme Court bench said that it was for the legislature to look into desirability of deleting section 377 of IPC.

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Homosexuality, India
SC decriminalises homosexuality, victory for gay rights. Pixabay

 In a historic verdict, the Supreme Court on Thursday decriminalised homosexuality between consenting adults by declaring Section 377, the penal provision which criminalised gay sex, as “manifestly arbitrary”.

In separate but unanimous verdicts, a five-judge Constitution Bench of Chief Justice Dipak Misra, Justice Rohinton Nariman, Justice A.M. Khanwilkar, Justice D.Y. Chandrachud and Justice Indu Malhotra partially struck down Section 377 of the Indian Penal Code (IPC) as unconstitutional.

The bench said it is no longer an offence for LGBTIQ (lesbian, gay, bisexual, transgender/transsexual, intersex and queer/questioning) community to engage in consensual sex between two adults in private.

Reading out the judgment, Chief Justice Misra said attitudes and mentality have to change to accept others’ identity and accept what they are, and not what they should be.

Homosexuality, India
LGBTIQ people have a right to live unshackled from the shadow.
Pixabay

“It is the constitutional and not social morality which will prevail,” said the court.

The verdict sparked celebrations in the LGBTIQ community across India even as the judgment was being read out. Many of the community members who had assembled outside the apex court jumped in joy and distributed sweets.

Chief Justice Misra said consensual sex between adults in a private space, which is not harmful to women or children, cannot be denied as it is a matter of individual choice.

Section 377 will not apply to consensual same-sex acts between homosexuals, heterosexuals, lesbians, the court said, clarifying that sexual act without consent and bestiality will continue to be an offence under section 377.

“An individual has full liberty over his or her body and his or her sexual orientation is a matter of one’s choice,” said the Chief Justice.

“Time to bid adieu to prejudicial perceptions deeply ingrained in social mindset. Time to empower LGBTIQ community against discrimination. They should be allowed to make their choices,” he added.

Homosexuality, India
In separate but unanimous verdicts, a five-judge Constitution Bench struck down Section 377 of the Indian Penal Code (IPC) as unconstitutional. Pixabay

 

In a concurring judgement, Justice Nariman said homosexuality is “not a mental disorder or disease”.

He said the LGBTIQ community has an equal right to live with dignity and are entitled to equal protection of law. He directed the Centre to give wide publicity to this judgment to remove the stigma attached to homosexuality.

Justice Chandrachud said to deny the LGBTIQ community their right to sexual orientation is a denial of their citizenship and a violation of their privacy.

“They cannot be pushed into obscurity by an oppressive colonial legislation… Sexual minorities in India have lived in fear, hiding as second class citizens,” said Justice Chandrachud, adding “the state has no business to intrude on such matters”.

Justice Indu Malhotra said that history owes an apology to the LGBTIQ community for all that they have suffered on account of the ignorance of the majority about homosexuality.

“LGBTIQ people have a right to live unshackled from the shadow,” she said.

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The Supreme Court verdict, which overruled its own earlier judgment, assumes significance as in the earlier round of litigation in 2013, the top court had reversed a Delhi High Court ruling decriminalising homosexuality.

The Delhi High Court bench, headed by then Chief Justice A.P. Shah, had in July 2009 legalised homosexual acts between consenting adults by overturning the 149-year-old law — finding it unconstitutional and a hurdle in the fight against HIV/AIDS.

In December 2013, a Supreme Court bench comprising Justice G.S. Singhvi and Justice S.J. Mukhopadhaya in the Suresh Kumar Koushal and another vs Naz Foundation and others case, had set aside the high court’s judgment and said that it was for the legislature to look into desirability of deleting section 377 of IPC.

The matter was subsequently resurrected in July 2016, when a fresh petition was filed by members of the LGBTIQ community — dancer N.S. Johar, journalist Sunil Mehra, chef Ritu Dalmia, hotelier Aman Nath and business executive Ayesha Kapur — which was then marked to the Constitution Bench by a Division Bench.

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The reference was made on the basis of submission that it was the first time that individuals directly affected by the provision were approaching the court.

Among the petitioners are a batch of current and former students of Indian Institutes of Technology. Claiming to represent more than 350 LGBTIQ alumni, students, staff and faculty from the IITs, the petitioners said that the existence of Section 377 had caused them “mental trauma and illnesses, such as clinical depression and anxiety and relegated some of them to second-class citizenship”. (IANS)