Punjab, Haryana not taking penal action against stubble burning; air quality panel silent: Supreme Court

The Supreme Court on Thursday pulled up the States of Punjab and Haryana for not taking penal action against farmers who resort to stubble burning, a major reason for the pollution and declining air standards in Delhi and adjoining north Indian States [In Re: Commission for Air Quality Management].

Stubble burning refers to the practice of farmers setting fire to straw stubble which remains in fields after the harvest of grains like wheat and paddy. The stubble is burnt to prepare the fields for the next set of crops. It is the easiest and cheapest way to clear the fields but leads to a drastic dip in air quality.

A Bench of Justices Abhay S Oka, Ahsanuddin Amanullah and Augustine George Masih said that all that the States have done is recover nominal compensation from the farmers who indulge in stubble burning.

The Commission for Air Quality Management (CAQM) has also not taken any steps to ensure that its own directions are implemented by the States, the Court noted.

"For different reasons, they do not want to prosecute anybody it is the problem as simple as that. They do not want to take penal action but only hold meetings. All that the States have done is recover nominal compensation from the farmers. Commission itself prima facie does not seem to be taking any efforts for follow ups on implementation of its directions regarding enforcement and safeguarding. No steps being taken for its own orders obviously," the Court said.

The State of Punjab submitted that farmers are not being able to use happy seeder machines (which removes stubble) because 70% farmers are marginal and will have to employ drivers and use diesel, which they are not willing.

"We wrote to Delhi for subsidies too subject to centre agreeing but for about 1200 crores and 375 crore each from Delhi and Punjab," Punjab Advocate General (AG) Gurminder Singh said.

He also said that States are not empowered to resort to penal action.

"We are barred," the AG said.

"That is wrong. Under Environment Protection Act, you can," the Court said.

Therefore, it ordered States of Punjab and Haryana to comply with the directions of CAQM and file compliance affidavit within a week.

"The Commission to ensure firm steps are taken to ensure implementation of its directions," the Court directed.

The Supreme Court was hearing a case concerning air pollution in Delhi.

In the previous hearing, it had pulled up CAQM for failing to take adequate steps.

This was after it had sought an explanation from the CAQM on what measures were being taken to against those violating restrictions on stubble burning.

During the hearing today, the Bench persisted with its line of questioning on lack of penal action against farmers who burn stubble instead of using happy seeder machines.

Senior Advocate Gopal Sankaranarayanan, appearing for minor children (petitioners), said that the machine itself will not be sufficient.

"Happy seeder machines by itself won't be enough. They don't need diesel but the tractors do," he said.

The Court examined the affidavits filed by parties and said that no effort was being made by CAQM for implementation of its own directions.

"Not a single prosecution has been initiated and last meeting was only held on August 29. Only 5 out of 11 members were present and it did not discuss implementation of directions. This is how the subcommittees are functioning! They have held 11 meetings in 9 months. As far as non utilisation of grants, Punjab AG submits marginal farmers cannot afford to engage drivers for tractors or diesel," the Court noted.

It then ordered States of Punjab and Haryana and the Central government and CAQM to file affidavits within a week.

The case will be heard next on April 16.

Additional Solicitor General Aishwarya Bhati appeared for the CAQM and the Central government.

Senior Advocate Aparajita Singh served as Amicus Curiae.

In the same case, another Bench of the Supreme Court had earlier exhorted all stakeholders to cooperate to tackle air pollution and stubble burning in Punjab, Haryana, Delhi and Uttar Pradesh so that the air quality index in these States during the next winter improves.