 "'Current effort only eyewash': SC slams Centre, states over stubble burning")
The Supreme Court has reprimanded the Centre, the Commission for Air Quality Management (CAQM), and the governments of Punjab and Haryana over failure to control stubble burning, terming the current efforts to check residue burning as “only eyewash”.
The apex court on Wednesday emphasised that citizens have a fundamental right to live in a pollution-free environment, a responsibility that the government must uphold. The court has also mandated an increase in penalties for pollution-related offenses.
Insufficient government measures
A Supreme Court bench consisting of Justices Abhay Oka, Ahsanuddin Amanullah, and Augustine George Masih criticised the state governments for their lack of effective measures to combat pollution. They noted that there has been minimal penal action against farmers who engage in stubble burning.
Instead of taking significant actions, the CAQM has resorted to merely issuing show-cause notices rather than prosecuting officers for their inaction. Additionally, the Centre has failed to establish rules to penalise violators of the Environment (Protection) Act.
The apex court stated that the current efforts appear to be "only eyewash".
“Time has come to remind the Union of India and state governments that there is a fundamental right vesting in every citizen under Article 21 of the Constitution to live in a pollution-free environment. This isn't a matter of only implementing laws... The government will have to address how they are going to protect the right of citizens to live with dignity and in a pollution-free environment," the bench said.
Call for enhanced coordination
Additionally, the top court urged the governments not to view litigation related to pollution as adversarial. The bench called for improved coordination between the Centre and the states, asserting that the court would have no choice but to impose stricter orders on environmental matters if the situation continued to deteriorate.
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Additional Solicitor General Aishwarya Bhati, representing the Centre, assured the court that mechanisms to punish violators of the Environment Act would be established within two weeks, along with the appointment of adjudicating officers to enforce the law.
The court also reprimanded the governments of Haryana and Punjab for their inconsistent enforcement policies regarding penalties for stubble burning. It observed that selective action was being taken, with only a few cases resulting in fines or legal action. For instance, this year, Punjab identified 1,084 stubble burning cases, but recovered compensation from only 473 individuals. Similarly, Haryana reported 419 identified cases, with FIRs filed against just 93 offenders, leading to only nominal compensation recovered.
“Prima facie it appears to us that the penal provisions are not being consistently implemented by both the states,” the court said in its order.
State compliance with court orders
In accordance with the court's directives, the chief secretaries of Punjab and Haryana attended the hearing. Haryana reported that it had appointed 5,153 nodal officers, resulting in a significant reduction in fire incidents, while Punjab stated that over 9,000 nodal officers had been appointed.
In its affidavit, the CAQM informed the court that notices had been issued to various officials in both states, including additional chief secretaries of agriculture and environment, as well as member secretaries of the State Pollution Board. These notices sought explanations for the lack of compliance with the CAQM's orders, which, if violated, could result in penalties, including imprisonment for up to five years or fines of up to one crore rupees.
(With agency inputs)