Supreme Court finds fault with laws, action by states to curb stubble burning
The Supreme Court said that time has come to remind the governments that there is a fundamental right vested in Article 21 of Constitution for citizens to live in a pollution-free environment
The Supreme Court on Wednesday pulled up the states of Punjab and Haryana for not stopping stubble burning, and the Centre for making the Environment Protection Act “toothless”, amid worsening air quality in Delhi and the National Capital Region (NCR).
A bench headed by justice Abhay S Oka said that time has come to remind the government of India and state governments that there is a fundamental right vested in Article 21 of the Constitution of India for citizens to live in a pollution-free environment.
The bench, also comprising justices Ahsanuddin Amanullah and Augustine George Masih, said, “Despite orders of this court, there is no change at the grassroots level. We put all concerned to notice that stricter action has to be taken against those responsible for violations.”
The court found the action by the two states to be an “eye wash” and blamed them for lacking seriousness in implementing the laws and asked why all cases of stubble burning were not met with FIR and compensation.
The bench also directed the Centre to reconsider the paltry sum that was fixed based on an earlier order passed by the National Green Tribunal (NGT).
The court said, “The signal that you are giving them is that if you commit breach, you will go scot-free.”
The chief secretaries of the two states were present in the court.
The bench said, “It is difficult for you to take action against farmers. This is purely political. Nobody wants to take it seriously...Your submissions must inspire confidence of the court.”
Senior advocate Abhishek Manu Singhvi representing Punjab said that Section 15 of Environment Protection Act was amended in April 2024 by the Jan Vishwas (Amendment of Provisions) Act, 2023 that fixed a penalty ranging from ₹10,000 to a maximum of ₹15 lakh. Even this penalty could not be imposed as Rules under the amended Act were yet to be framed by the Centre.
Wondering why the Act has been rendered ineffective for nearly six months, the bench said, “The law enforcement authorities cannot impose cost under Section 15 in the absence of rules, making the Act toothless. Those who violate laws can go scot-free as no action can be taken against them.”
Additional solicitor general (ASG) Aishwarya Bhati appearing for the State assured that the rules will be put in place in 2 weeks. She also appeared for the commission for air quality management (CAQM) and told the court that the commission, for the first time, has exercised powers under Section 14 by issuing show cause notices to officials in both states as farm fires continued unabated despite statutory directions given by the commission.
Not happy with this approach, the court asked Bhati why notice was issued when there is ample material to show violation. The bench remarked, “It seems you want to protect these officers. Your own orders were defied for over 3 years. When we pull you up, you issue notice. When there is persistent violation on their part, you still issue them notice. Unless you prosecute them straightaway, nothing will improve.”
ASG Bhati assured the court that by next date, there will be action taken as three days time has been granted for these officers to respond. “Tell your chairperson not to bail out these officers,” the bench said, as it posted the matter for hearing on November 4.
Senior advocate Aparajita Singh assisting the court as amicus curiae told the court that besides stubble burning, pollution in Delhi gets complicated by vehicular pollution, open burning of waste or garbage, entry of heavy goods vehicle into Delhi, and pollution by industries. The court directed the Delhi government along with Centre and NCR states to file a detailed compliance report on these aspects by the next hearing date.