The Supreme Court on Wednesday pulled up the Centre for making the environment protection law “toothless”, and said the provision under the Commission for Air Quality Management in National Capital Region and Adjoining Areas Act of 2021 (CAQM Act)  which deals with the penalty for stubble burning was not being implemented. The Bench also made its displeasure known on the nominal fine of Rs.2500 for violators.

The Bench of Justices Abhay S Oka, Ahsanuddin Amanulllah and Augustine George Masih said the CAQM Act was enacted without creating required machinery for implementing the provision to curb air pollution.

The Bench slammed the State of Punjab for collecting a nominal fine of Rs. 2,500 each from errant farmers, which in turn said the amount was fixed by the CAQM. “Giving license to violate by paying such nominal amount. That’s incredible. How much less amount? We will tell you very frankly that you are giving a signal to violators that nothing will be done against them. This has been for the past three years,” observed the Bench.

“Time has come to remind the Union of India, and both the States (Punjab, Haryana) that there is a fundamental right subsisting with the citizen to live in a pollution free environment. These are matters of blatant violation of fundamental rights under Article 21. Government has to answer its own self as to how it is going to protect the citizens’ right to live with dignity and pollution free environment. This litigation is not adversarial and is only litigation for us to ensure that citizens rights to live with dignity and clean environment are upheld,” said the Court, pointing out a series of lapses in the enforcement and less penalty provisions in the Laws and Rules.

Additional Solicitor General Aishwarya Bhati, appearing for the Centre, said section 15 of the CAQM Act, which deals with penalty for stubble burning, will be implemented effectively as regulations for it will be issued in 10 days. She submitted that an adjudicating officer will be appointed and all necessary actions will be taken to enforce the law effectively.

The ASG pointed out that the Commission for Air Quality Management (CAQM) has issued notices to senior administrative officials of Punjab and Haryana besides officials of the state pollution control boards and sought their response as to why action should not be taken against them. The Bench asked the CAQM who is taking your notices seriously as the procedure is not provided under the Law.

“Please tell your chairperson of CAQM not to bail out these officials. We know what is happening on the ground,” the Bench said. Bhati pointed out that over 1,000 cases of stubble burning have taken place in several districts of Punjab like Amritsar, Ferozepur, Patiala, Sangrur, Taran Taran.

On October 16, the top court had pulled up the Punjab and Haryana Governments over the non-prosecution of violators found guilty of stubble burning while summoning the State Chief Secretaries to appear before it on October 23 for an explanation. The SC has been upset over Punjab and Haryana Governments not taking any steps to implement the directions issued by the CAQM in the national capital region (NCR) to stop stubble burning.

The matter will be heard next after the Diwali break. On the next hearing date, the Court will look into the issues limited to pollution in Delhi caused by transport vehicles, industries and open burning of garbage.