Highlighting the widespread issue of stubble burning in neighboring states, which has contributed to pollution in Delhi, the Supreme Court criticized the Centre Today (Oct 23) for weakening the Environmental Protection Act through amendments. Additional Solicitor General (ASG) Aishwarya Bhati, representing the Centre, assured the court that the necessary rules would be finalized within 10 days, and the Act would be fully enforced.
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NEW DELHI: In light of the ongoing issue of stubble burning in neighboring states, which has significantly contributed to the pollution crisis in Delhi, the Supreme Court on Wednesday strongly criticized the Central Government for weakening the Environmental Protection Act (EPA) through recent amendments.
The apex court expressed concern over the reduction in the Act’s effectiveness, describing it as “toothless” and highlighting the negative impact these changes have had on environmental enforcement.
During the proceedings, Additional Solicitor General (ASG) Aishwarya Bhati, representing the Centre, assured the court that new rules under the Act would be finalized within the next 10 days. She also committed that the Environmental Protection Act would soon be made fully operational.
However, the Supreme Court remained firm in its criticism, stating:
“We will take the Union of India to task… it has not created any machinery. The Environmental Protection Act has become toothless. You have got rid of punishment and replaced it with a penalty by amending Section 15, and the procedure to be followed for imposing a penalty cannot be followed.”
The issue of stubble burning, especially in Punjab and Haryana, has been a major cause of air pollution in Delhi, particularly during the onset of winter. The burning of crop residue in these states has led to a severe deterioration in air quality, pushing many areas in Delhi into the “very poor” or even “severe” category.
Justice AS Oka addressed the Punjab Chief Secretary during the hearing, raising concerns about the lack of action taken against violators.
“You’ve registered FIRs for only 32 out of the 400 fires reported,”
-Justice Oka pointed out, questioning the state’s efforts in controlling stubble burning.
The Chief Secretary responded, stating that penalties under Section 15 of the EPA had been imposed on the remaining offenders, with a total collection of Rs 2 crores in fines.
However, Justice Oka further criticized the approach, suggesting that the fines might be a deliberate tactic to avoid harsher consequences.
“It seems you are intentionally collecting fines under Section 15 so they can be overturned on appeal later,”
-he remarked, highlighting the possibility that such penalties might be easier to challenge.
In another pointed exchange, Justice Oka asked the Punjab Chief Secretary:
“Why was a fine imposed on only around 400 individuals when 1,084 cases were filed? Why are others being overlooked?”
The Chief Secretary explained that officers evaluate the severity of the violations, and in cases of minor infractions, less stringent action is taken.
However, this reasoning did not fully satisfy the court. Justice Oka stated:
“The least you should do is collect fines from all 1,084 cases. You’ve only recovered from 473.”
In response, the Chief Secretary assured the court of their commitment to ensuring compliance with the law, stating,
“We aim to ensure that not a single violator escapes punishment.”
Despite these assurances, the court remained skeptical, pressing for stronger enforcement measures.
In a previous hearing, the Supreme Court had already reprimanded both Punjab and Haryana for their failure to take adequate punitive action against those violating the stubble-burning ban, underlining the urgency of addressing this persistent issue.
As Delhi continues to battle hazardous air quality, the Supreme Court’s tough stance underscores the need for stronger enforcement of environmental laws to mitigate pollution caused by stubble burning.
The court’s observations are a clear signal to the Centre and state governments that immediate and effective action is required to tackle this recurring issue and protect public health.
Click Here to Read Previous Reports on Stubble Burning
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