Supreme Court says Centre not penalising stubble burning; States levying only ₹2.5k fine

The Supreme Court on Wednesday took a prima facie view that the Union government was not taking any penal action towards combating air pollution in Delhi NCR caused by stubble burning. [In Re: Commission for Air Quality Management]

Stubble burning is the practice of farmers setting ablaze the straw stubble that 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 fields, but leads to a drastic dip in air quality, as per experts.

A Bench of Justices Abhay S Oka, Ahsanuddin Amanullah and Augustine George Masih noted that only nominal fines were being collected, even as the issue was one of citizens' fundamental right to live in a clean environment.

"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 ownself 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," the Court stated.

The Court also came down heavily on the fact that Section 15 of Environment Protection Act, 1986 had become 'toothless' as a result of inaction on the part of Union of India following its amendment in 2023, which substituted penal action under the said provision for Act violations with fines.

"We will take Union of India to task as they submit that Section 15 of the Environmental Protection Act, 1986 which provides for penalty has been amended. You don't have the adjudicating officer to enforce it. The Environmental Protection Act 1986 has been made toothless. You have amended before even having adjudicating officer. Section 15 was only provision to enforce 1986 Act. The amendment has made the Environmental Protection Act, 1986 toothless," a visibly upset Justice Oka orally said.

To this, Additional Solicitor General Aishwarya Bhati, appearing for the CAQM and the Union government, informed the Court that the rules for the proper implementation of Section 15 will be made applicable in 10 days.

"You have also not told us earlier about amendments in the Air Prevention Act 1981. Also on a lighter vein, Central Government amends Section 15 of the 1986 Act without formulating any area of enforcing the same, no adjudicating officer. The amendment has been done that too on 1st April, everybody has been made fool. ASG, please ensure Section 15 has to be made applicable in letter and spirit," Justice Oka said while allowing time to Union.

The Bench had earlier pulled up the Commission for Air Quality Management (CAQM) in the National Capital Region and Adjoining Areas for failing to take adequate steps to curb pollution.

On Wednesday, it had summoned the Chief Secretaries of Punjab and Haryana. This, after it had noted that not a single prosecution had taken place against stubble burning incidents, despite the Court having earlier pulled up the states for such lapses.

It had pointed out that members of the CAQM lacked adequate qualifications when it comes to dealing with air pollution.

The Chief Secretaries were present in court, today but the Bench was unimpressed by their submissions. It asked them,

"What action has been taken by you under Section 14 against erring officials? We will take Union of India to task as they submit that Section 15 which provides for penalty has been amended. You don't have the adjudicating officer to enforce it. The Environmental Protection Act, 1986 has been made toothless."

It added that the CAQM had defied its orders for three years.

"Don't bail out these people. We are telling you very seriously. If these governments and you were seriously ready to safeguard environment then everything would have been done before amendment to Section 15. This is all political nothing else," Justice Oka said.

The top court slammed the State of Punjab for collecting nominal fines (₹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 signal to violators that nothing will be done against them. This has been for the past three years."

It also criticised both the States for being selective as to whom it was collecting compensation from and registering criminal cases against for contributing to air pollution.

"Is there some policy designed by you where you select few for compensation and few for prosecution? We are concerned about cherry picking of FIR registration on some and on some, there is nominal amount...there needs to be reconsideration of compensation," Justice Oka asked.

"Your figures are reducing because you are not taking action. Don't be happy about it," Justice Amanullah weighed in, before the Bench recorded the same in its order.

The Court directed the Central government to amend the law so as to increase the environment compensation cess levied on farmers who indulge in stubble burning and officials who fail to act on the same.

The matter will be heard next after the Diwali break.

On the next hearing date of hearing, the Bench will look into the issues limited to pollution in Delhi caused by transport vehicles, industries and open burning of garbage.

Senior Advocate Aparajita Singh is the Amicus Curiae in the matter.

Advocate General Gurminder Singh and Senior Advocate Dr Abhishek Manu Singhvi appeared for the State of Punjab.

[Read live coverage]