The Supreme Court Today (Nov 11) took critical note that the governments in Punjab and Haryana remained reluctant to act against farmers who resort to stubble burning in the fields, leading to a rise in air pollution. A Bench of Justices Abhay S Oka and Augustine George Masih also asked how the stubble burning incidents had seen a rise on the day of Diwali recently.
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NEW DELHI: The Supreme Court took a stern view on Monday regarding the inaction by the Punjab and Haryana governments in addressing the widespread stubble burning by farmers, a practice that has significantly contributed to air pollution.
A bench comprising Justices Abhay S. Oka and Augustine George Masih questioned the increase in stubble burning incidents observed during Diwali. Expressing surprise, the bench asked,
“How can this happen? How come this increased in Diwali? Why are you sparing your officers? They are sparing the farmers. Farmers are filing IA [Intervention Application] before us because they are fearing things. And now you all are sparing your officers.”
This highlighted the court’s concerns about the government’s reluctance to hold its officials accountable for enforcing anti-stubble burning measures.
In its order, the Court emphasized that both state governments must provide a detailed explanation for the lack of prosecution against farmers engaged in stubble burning.
The bench noted-
“Even today we find reluctance on the part of governments in taking action under Section 14 of the CAQM Act, 2021. We have observed in earlier orders that instead of direct prosecution, States are still busy just issuing show cause notices despite flagrant breaches. States owe an explanation to us on non-prosecution.”
This remark underscored the court’s dissatisfaction with the lenient approach taken by the authorities, who preferred issuing notices rather than pursuing strict legal action.
The Supreme Court also directed the state governments to enforce compliance with the rules in place to prevent stubble burning strictly.
The bench was reviewing the pollution-related case concerning Delhi, with a focus on the preventive measures implemented across Punjab, Haryana, and Uttar Pradesh to reduce stubble burning incidents.
Earlier, in October, the Court had criticized the Union government for its apparent lack of punitive measures to curb stubble burning and had directed an amendment in the law to increase penalties for offenders. Since then, the penalties have indeed been raised.
Today, however, the Court continued to press the governments of Punjab and Haryana, questioning the absence of disciplinary actions against officials who failed to implement the anti-stubble burning policies effectively.
In defense, Punjab’s counsel stated,
“Please see – 1,037 erring officials have been sent show cause notice. There has to be due process. Also, we have to look into the present, the past is gone.”
Yet, the Court found this argument unacceptable.
“How can the past be forgotten? Look at the past first. Only 56 officials have been prosecuted. What about the rest? Nothing has been done by you people on continuous stubble burning,”
-Justice Oka pointed out.
This response demonstrated the Court’s insistence on accountability for previous and ongoing failures in controlling stubble burning.
Meanwhile, the Centre informed the Court that it had declined the Punjab government’s request for additional funds for equipment like tractors to aid farmers in managing stubble. In response, the Court remarked,
“Let Advocate General for Punjab respond to this,”
-indicating that further explanations would be required on the matter.
In this session, the Supreme Court underscored the urgency of strict enforcement and accountability to address the critical issue of stubble burning and air pollution.
Click Here to Read Previous Reports on Stubble Burning
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