The Environment Ministry is considering adjustments to penalties associated with stubble burning and is in discussions with the Law Ministry on this issue. This potential revision could lead to changes in the current regulations that grant the Commission for Air Quality Management (CAQM) authority to impose fines for stubble burning violations.
The Ministry of Environment, Forest and Climate Change (MoEF&CC) is considering increasing the environmental compensation imposed on farmers for burning paddy straw and may update current rules that allow the Commission for Air Quality Management (CAQM) to enforce such fines.
MoEF&CC is in consultation with the Ministry of Law and Justice on whether the revised rules can be notified without the usual process of inviting public comments on draft amendments.
According to a senior MoEF&CC source,
“We are considering doubling the existing compensation matrix, which is based on the extent of land holdings.”
The expedited approach is being explored given the current peak stubble burning season affecting Delhi-NCR, while the standard procedure requires making draft rule changes public for sixty days.
The government’s proposal to enhance compensation arises in response to the Supreme Court’s critical stance on the government’s inconsistent and insufficient efforts to recover environmental compensation for paddy stubble burning.
The Court had also reprimanded the Centre for not implementing the provisions of the Jan Vishwas Act, 2023, which decriminalized environmental offenses under the Environment Protection Act, the Air Act, and the Water Act.
Currently, the Commission for Air Quality Management (CAQM) is following the formula established by the National Green Tribunal for levying environmental compensation on farmers who burn stubble.
The CAQM operates under the framework of the Commission for Air Quality Management in the National Capital Region and Adjoining Areas (Imposition, Collection and Utilization of Environmental Compensation for Stubble Burning) Rules, 2023, and is authorized by section 15 of the CAQM Act, 2021, to collect environmental compensation.
Under the current regulations, farmers with less than two acres of land must pay Rs 2,500 for burning paddy stubble. Those with two to five acres face a fine of Rs 5,000, while farmers with more than five acres are penalized Rs 15,000.
In an October 23 hearing attended by the chief secretaries of Punjab and Haryana, the Supreme Court directed the Centre to act under Section 15 of the CAQM Act, 2021, enabling the commission to collect compensation for stubble burning violations.
The bench, comprising Justices Abhay S. Oka, Ahsanuddin Amanullah, and Augustine George Masih, stated,
“Unless proper exercise of power under Section 15 of the Act is made, there cannot be any effective action against the wrongdoers. We expect the Government to take action within two weeks from today.”
The court will revisit the issue of air pollution on November 4.
As Diwali approaches, Delhi’s air quality remained in the “poor” category, and with wind patterns shifting from south-easterly to north-westerly, pollution from farm fires may further impact air quality in the days around Diwali.