'Mere eyewash': SC dismisses Punjab, Haryana govts' efforts to stop stubble burning

The Supreme Court on Wednesday came down heavily on the governments of Punjab and Haryana describing their efforts to stamp out stubble burning as a "mere eyewash". 

The three-judge bench also slammed the Centre for making the environment protection law “toothless”, and said the provision under the CAQM Act which deals with penalty for stubble burning was not being implemented.

The Commission for Air Quality Management in the National Capital Region and Adjoining Areas Act of 2021 (CAQM Act) was enacted without creating required machinery for implementing the provision to curb air pollution, said the apex court.

Lack of action

A bench of Justices Abhay S Oka, Ahsanuddin Amanulllah and Augustine George Masih dismissed as "mere eyewash" the Punjab and Haryana governments' efforts to stamp out farm fires, i.e., farmers burning agricultural waste that contribute to toxic air smothering Delhi annually. 

The air quality in Delhi and the national capital region remains 'very poor' and raises concern about the risk of increased respiratory diseases.

The SC bench further questioned the state governments for not prosecuting or even imposing commensurate financial penalties to farmers violating the law.

Also watch: Delhi world’s most polluted capital city again: Report

Implementing CAQM Act

Rapping the Union government over "toothless" environmental protection laws, the court said that Section 15 of the Environmental Protection Act, which covers penalties for violating the law, had been amended so "procedure for imposing penalty cannot be followed".

Section 15 was the "only section for enforcing the EPA", Justice Oka had pointed out. Additional Solicitor General Aishwarya Bhati, appearing for the centre, said it would be "fully operationalised" within 10 days and that both state governments had been so advised.

She submitted that an adjudicating officer will be appointed and all necessary actions will be taken to enforce the law effectively.

Bhati 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 as to who is taking their 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.

Not a single prosecution in Punjab

Justice Oka was skeptical over Punjab's claim that 44 people had been prosecuted. "Your Advocate-General said nothing was done...", the court told senior advocate Abhishek Singhvi, appearing for the Punjab government. And he went on to point out that there has not been "a single prosecution".

Justice Oka was also unhappy with the nominal amounts charged as penalty as fines. When he was told that fines varied from ₹ 2,500 to ₹ 5,000 per violator, the judge commented that they have "given licence to people (to commit the crime) ...".

Further, he questioned Singhvi why 684 others violating the same law had been spared any penalty. When the Punjab chief secretary claimed that "very small fires" were sometimes overlooked, the court said sharply that the minimum action expected of the state government is to fine the offenders.

Also read: Delhi’s air quality rated ‘very poor’, triggers thick layer of smog 

SC slams Haryana

The SC slammed Haryana government too for not recording even one prosecution since June 2021. The Haryana government, however, said they have successfully controlled the farm fires. According to the data they quoted only 655 had been reported this year as compared to nearly 10,000 earlier, they said. Out of the 655, around 200 were false alarms. 

The court remained unconvinced with their submission. The apex court questioned the low number of prosecution cases, just 32 when there were 400 fires and also collecting penalties (according to the state government ₹2 crore) under section 15 of the EPA. The judge asked whether they collecting penalties under section 15 so they can be later quashed (and amount returned to farmers) on appeal?

The apex court called it "all hogwash"

They criticised the fact that some people are arrested, and some others just fined. "We are very sceptical... your submissions should inspire the confidence of the court," the judge asked.

The court also was not convinced about the drastic reduction in farm fire numbers, suggesting that many may not have been recorded.

Apex court order

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 top court 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. 

(With inputs from agencies)