Tired of the winter smog? Learn how to report stubble burning, use the SAMEER app, and hold authorities accountable for air quality in the Delhi-NCR region.
You wake up in Delhi or Noida in early November, and the sun looks like a dim, orange bulb struggling through a thick, acrid soup. Your eyes sting before you even check the AQI on your phone. On social media, the blame game is in full swing: city dwellers blame farmers for 'Parali' (stubble) burning, while farmers point to the lack of affordable machinery and the tight 15-day window to sow wheat. The air doesn't care about your political takes; it just wants to clog your lungs. If you are tired of being a passive spectator to the annual 'Airpocalypse,' it is time to move beyond the hashtag and use the actual legal tools available to track, report, and solve this.
Stubble burning is not just a 'rural issue'; it is a regulated environmental violation. The primary authority here is the Commission for Air Quality Management in National Capital Region and Adjoining Areas (CAQM), established under the CAQM Act, 2021. This body has the power to issue directions, entertain complaints, and impose 'Environmental Compensation' (fines) on those who burn crop residue.
Under the Air (Prevention and Control of Pollution) Act, 1981, State Pollution Control Boards (SPCBs) have the power to declare air pollution control areas and ban the burning of any material that causes pollution. In the NCR context, the Supreme Court of India, in cases like M.C. Mehta v. Union of India (1986) and subsequent orders, has consistently directed state governments (Punjab, Haryana, UP, and Delhi) to provide subsidies for Crop Residue Management (CRM) machinery.
Legally, if a District Magistrate issues a prohibitory order against stubble burning, any violation can be prosecuted under Section 223 of the Bharatiya Nyaya Sanhita (BNS), 2023 (which replaced Section 188 of the IPC). This section deals with 'disobedience to order duly promulgated by public servant.' However, the law also recognizes the farmers' struggle. The National Green Tribunal (NGT), under Section 14 of the NGT Act, 2010, has often pushed for 'In-situ' management (mixing stubble back into the soil using machines like the Happy Seeder) and 'Ex-situ' management (using stubble for bio-fuel or pellets).
As of 2024-2025, the central government has allocated over ₹3,000 crore to these states for machinery subsidies. If the air is still thick with smoke, the law isn't the problem—the implementation is. You can use the How to file an FIR (and what to do if police refuse) guide if you witness large-scale industrial burning being masked as stubble burning.
Don't just post a photo of the hazy skyline. Follow these steps to engage with the system effectively.
Before reporting, you need data. The Central Pollution Control Board (CPCB) operates the SAMEER App. It provides hourly updates on the National Air Quality Index (AQI).
If you see smoke or active burning in the NCR periphery, use the official reporting channels.
The biggest reason farmers burn stubble is that they don't have access to subsidized machines. You can check if the funds meant for your area were actually used.
The Pusa Bio-decomposer is a low-cost microbial solution that turns stubble into manure in 20–25 days. Governments often claim they are distributing this for free.
When AQI crosses 300, GRAP kicks in. This includes bans on coal-fired tandoors, construction activities, and certain vehicles.
The system for reporting air pollution looks great on paper, but in reality, you will likely hit a few bureaucratic walls. Here is how to navigate the "system lag":
The "Ghost Resolution" on Apps: You report a fire on the Green Delhi or SAMEER app. Two days later, you get a notification saying "Grievance Resolved," but the air is still thick with smoke.
Jurisdiction Ping-Pong: If you report a fire near the Delhi-Haryana or Delhi-UP border, officials might claim it’s "out of their area."
The "Server Down" Excuse: Government portals often crawl during peak pollution months (October–November) due to high traffic.
Farmer vs. Student Friction: Reporting a small-scale farmer might feel like punching down, especially when they lack the ₹1.5 lakh needed for a Happy Seeder machine.
Copy, fill in the [highlighted] bits, and send.
Use this if you want to know if the government is actually spending the "Green Cess" or environment compensation money they collect.
To: The Public Information Officer (PIO), [Name of State Pollution Control Board] Subject: Request for Information under RTI Act 2005 regarding Environmental Compensation funds.
Dear Sir/Madam, Under the RTI Act 2005, please provide the following information for the period from 1st July 2025 to 15th July 2026:
I have attached the ₹10 fee via [Postal Order/Online Payment Receipt].
Use this when you see large-scale, repeated burning in a specific area.
To: [[email protected]] Subject: URGENT: Repeated violation of CAQM directions on stubble burning at [Location]
Respected DM, I am writing to report a recurring violation of the ban on open burning of crop residue at [Specific Landmark/GPS Coordinates]. Despite the prohibitory orders under Section 223 of the BNS 2023, active burning has been observed here for the last [Number] days. The AQI in this locality has crossed 400 (Severe), posing a direct health risk to residents. Attached are geo-tagged photos as evidence. I request you to:
Sincerely, [Your Name] [Your Phone Number]
You: "Hello, I want to report an air pollution emergency. I am calling from [Area Name]." Operator: "What is the issue?" You: "There is large-scale burning of [stubble/waste] happening right now at [Location]. It is creating a massive smoke cloud. I have already logged a complaint on the SAMEER app, but the fire is spreading. My complaint ID is [ID Number]. Please alert the local flying squad immediately as per CAQM guidelines."
You can report anonymously through the SAMEER app. If you are worried about safety, do not take photos openly. Use a "Dashcam" approach or take photos from a distance. The law (Whistleblowers Protection Act) is meant to protect you, but in practical terms, using the official apps is the safest way to report without revealing your identity to the violator.
Yes. The National Green Tribunal (NGT) has imposed a total ban on the open burning of garbage and leaves. Under the "Polluter Pays" principle, local authorities can fine you or your RWA anywhere from ₹5,000 to ₹25,000 for such violations. If your mali or neighbor is doing this, show them the NGT order or report it on the Green Delhi app.
According to CPCB guidelines, this money is not supposed to go into the general government treasury. It must be kept in a separate account and used specifically for air quality improvement projects, such as buying smog towers, increasing green cover, or subsidising electric buses. You can track this via an RTI (see template above).
Most home sensors use low-cost laser scattering which can be skewed by humidity. The SAMEER app uses "Reference Grade" monitors (CAAQMS) which are calibrated regularly. However, home sensors are great for showing *trends* (e.g., "the air got worse the moment the neighbor started their generator"). For legal complaints, always cite the CPCB/SAMEER data.
Strictly speaking, you don't file an FIR for "bad air," but you can approach the NGT under Section 14 of the NGT Act, 2010. You would be filing a "petition" claiming that the government has failed in its statutory duty to provide a clean environment (Article 21 of the Constitution). If you're a student, you can often get pro-bono help from environmental law clinics at universities.
The Supreme Court has often noted that stubble burning is a socio-economic issue. While it is technically a violation of Section 223 of the BNS, the focus is on "Environmental Compensation" (fines) rather than jail time. Arresting thousands of small-scale farmers is neither practical nor legally favored by the courts, which prefer that the state provides machinery instead.
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