SC Slams Centre for 'Toothless' Stubble Burning Law

SC Slams Centre for 'Toothless' Stubble Burning Law
  • Supreme Court criticizes Centre for failing to curb stubble burning.
  • The 2021 CAQM Act deemed 'toothless' by the court.
  • Penalties for stubble burning set to be implemented soon.

The Supreme Court of India has issued a scathing rebuke to the Union government for its ineffective efforts in curbing the persistent issue of stubble burning in Punjab and Haryana. The court asserted that the 2021 Commission for Air Quality Management in NCR and Adjoining Areas Act (CAQM Act), intended to combat air pollution, has been rendered 'toothless' due to the government's inaction. This criticism stems from the government's failure to impose penalties on violators of the law, despite its provisions explicitly outlining such sanctions.

The bench, comprising Justices Abhay Oka, Ahsanuddin Amanullah, and Augustine George Masih, expressed disappointment at the government's inability to establish the necessary infrastructure required for effective enforcement of the CAQM Act. They highlighted that the law was enacted without a concrete plan to address the underlying causes of air pollution, particularly the practice of stubble burning. This practice, common in Punjab and Haryana, involves farmers burning crop residue after harvesting, releasing harmful pollutants into the atmosphere.

The Additional Solicitor General, Aishwarya Bhati, representing the Centre, defended the government's position, stating that section 15 of the CAQM Act, which outlines penalties for stubble burning, will be implemented shortly. Bhati assured the court that guidelines for enforcement would be issued within ten days and that an adjudicating officer would be appointed to oversee the process. Furthermore, she pointed out that the Supreme Court-appointed Commission for Air Quality Management (CAQM) has already issued notices to officials in the Punjab and Haryana governments, along with their respective pollution control boards, seeking explanations for their failure to curb stubble burning.

However, the court expressed skepticism regarding the government's promises, reminding Bhati, 'Please tell your chairperson of CAQM not to bail out these officials. We know what is happening on the ground.' This statement reflects the court's lack of confidence in the government's past efforts to address the issue, suggesting that previous pronouncements have been met with insufficient action. The court's concerns are further amplified by the fact that no prosecutions have been initiated against violators of stubble burning regulations despite the court's previous reprimands to Punjab and Haryana.

The practice of stubble burning has become a recurring environmental issue in India, particularly in the northern states of Punjab and Haryana. After paddy harvesting, farmers are left with a significant amount of stubble, which they often burn to prepare their fields for the next crop. This burning releases harmful pollutants, such as particulate matter, carbon monoxide, and nitrogen oxides, into the air, contributing significantly to the poor air quality that plagues Delhi and surrounding areas during the winter months. Stubble burning, coupled with other factors like cold temperatures, low wind speeds, and emissions from industries and coal-fired plants, creates a toxic cocktail of pollutants that poses a major health risk to millions of people.

The Supreme Court's strong stance against the government's inaction on stubble burning highlights the urgency of finding a sustainable solution to this problem. While the government has promised to implement the penalties stipulated in the CAQM Act, it remains to be seen whether their actions will be effective in curtailing this environmentally detrimental practice. The court's insistence on holding the government accountable for its promises underscores the crucial need for concrete measures to address the issue of stubble burning and protect the health of the citizens of India.

Source: Law to curb air pollution made ‘toothless’ by Centre, says SC in stubble burning case

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