In a sharp rebuke, the Supreme Court on Wednesday expressed its frustration with the Centre, the Commission for Air Quality Management (CAQM), and the Punjab and Haryana governments over their failure to control stubble burning, a major contributor to air pollution in northern India. The court emphasized that it’s the fundamental right of citizens to live in a pollution-free environment, guaranteed under Article 21 of the Constitution, and ordered an increase in penalties for causing pollution.
The bench, comprising Justices Abhay Oka, Ahsanuddin Amanullah, and Augustine George Masih, criticized the ineffective measures taken to curb pollution and highlighted the lack of strict penal action by states against farmers engaged in stubble burning. It pointed out that the CAQM, instead of prosecuting officers for inaction, had only been issuing showcause notices. The court also slammed the Centre for not establishing proper rules for penalizing violators under the Environment (Protection) Act.
The SC reminded the government that the right to a clean environment is a constitutional mandate and urged it to take concrete steps to protect this right, stating: “This isn’t just about implementing laws, but about ensuring citizens can live with dignity in a pollution-free environment.”
Lack of Coordination Between Centre and States
The court stressed the need for better coordination between the Centre and state governments, urging them to approach pollution issues collaboratively, rather than adversarially. The bench indicated that it may have to take harsher measures if the situation does not improve.
Responding to the court’s concerns, Additional Solicitor General Aishwarya Bhati, representing the Centre, assured the bench that mechanisms for punishing violators would be implemented within two weeks, with adjudicating officers appointed to enforce the law.
Inconsistent Penal Action
The SC took a hard stance on the inconsistent penal actions taken by Punjab and Haryana against farmers involved in stubble burning. It observed that both states appeared to be applying a “pick and choose” policy, leading to minimal penalties. For example, in Punjab, out of 1,084 identified cases of stubble burning, compensation was recovered from only 473 individuals. Similarly, in Haryana, of the 419 identified cases, FIRs were lodged in only 93 instances.
The court demanded stricter enforcement, expressing concern over the minimal fines and selective implementation of punitive measures. The chief secretaries of both states were present in court, and they provided updates on actions taken. Haryana reported the appointment of 5,153 nodal officers, and Punjab claimed to have appointed over 9,000 nodal officers to manage the issue.
CAQM’s Affidavit
In its affidavit, the CAQM informed the court that it had issued notices to various officials in both states, including additional chief secretaries of agriculture and environment and member secretaries of the State Pollution Boards. These notices warned that non-compliance with the Commission’s orders could result in prosecution under Section 14 of the CAQM Act, which carries penalties of imprisonment for up to five years, a fine of up to ₹1 crore, or both.
The court’s intervention reflects its deep concern about the ongoing air pollution crisis, particularly during the crop-burning season, and its demand for more decisive action from the government.
