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The Supreme Court of India delivered a scathing rebuke to the governments of Punjab and Haryana on Wednesday, accusing them of failing to effectively address the issue of stubble burning, a practice that significantly contributes to the toxic air smog that blankets Delhi and the surrounding region each year. The court's sharp criticisms come amid a period of 'very poor' air quality in the national capital region, prompting concerns over the escalating risk of respiratory illnesses. The bench, comprised of Justices Abhay S Oka, A Amanullah, and AG Masih, dismissed the state governments' efforts to curb farm fires as mere 'eyewash,' highlighting the lack of significant action despite repeated warnings and legal mandates.
The court scrutinized the lack of prosecutions and the inadequacy of financial penalties imposed on farmers engaging in stubble burning, despite the existence of clear anti-pollution laws. In Haryana, the court went further, suggesting that the lenient enforcement was a deliberate policy favoring some farmers over others. The judges highlighted the ineffectiveness of existing environmental protection laws, noting that the Commission for Air Quality Management (CAQM) Act of 2021, intended to combat pollution, lacked sufficient administrative infrastructure for implementation. The court also pointed to an amendment to Section 15 of the Environmental Protection Act, which covers penalties for violating anti-pollution laws, rendering the procedure for imposing penalties impractical.
The court specifically directed its ire towards Punjab, expressing skepticism about the state's claim of prosecuting 44 individuals for violating the stubble burning laws. The court questioned the nominal fines imposed on violators, ranging from Rs 2,500 to Rs 5,000, asserting that such fines essentially grant license to commit the offense. The judges also highlighted the incongruity of imposing fines on 417 individuals while sparing 684 others who violated the same laws, suggesting inconsistency and a lack of genuine commitment to enforcement. The Haryana government, despite presenting data indicating a significant decrease in farm fires, faced similar criticism. The court pointed to the discrepancy between the reported decrease in fires and the limited number of prosecutions, raising concerns about the accuracy of the data and the possibility of selective enforcement. The court's skepticism was further reinforced by the absence of prosecutions in Haryana since June 2021, despite the CAQM's directive to take action against violators. The judges emphasized the need for consistency in enforcing anti-pollution laws and expressed doubt about the states' genuine commitment to addressing the issue, suggesting that political motives might be hindering effective implementation.
Source: "Mere Eyewash": Supreme Court Raps Punjab, Haryana Over Stubble Burning