The Supreme Court on Wednesday has summoned Punjab and Haryana governments’ Chief Secretaries and asked them to explain why legal action against stubble burning in the states was not taken.
During a hearing, the court pointed out that the states failed to act on its June 2021 orders to prosecute violators, particularly farmers engaged in stubble burning.
Justice Abhay S. Oka, along with Justices A.G. Masih and A. Amanullah, expressed frustration at Punjab’s apparent inability to address violations, stating, “Let them declare ‘we cannot do anything… we are helpless.'”
The court noted that both Punjab, governed by the Aam Aadmi Party, and Haryana, ruled by the BJP, had not prosecuted any violators since 2021, instead imposing only nominal fines.
The Commission for Air Quality Management (CAQM) also faced severe criticism, described by the court as a “toothless wonder” for its failure to enforce its own directives. Justice Oka emphasized the need for accountability, threatening penal action against CAQM officials if they continued to neglect their responsibilities.
He stated, “Why is there no prosecution for violation of orders? This is not a political issue… it is about implementation of statutory directions by CAQM under Section 12.”
The court highlighted that the Indian Space Research Organisation (ISRO) provides detailed information on the location and size of stubble burning fires, making the lack of prosecutions even more concerning. “So you cannot say locations were not found… but nobody is going to prosecute,” Justice Oka remarked, expressing anger over the nominal fines that have been collected.
The Supreme Court demanded clarity on whether prosecutions were being hindered “at the instance of somebody else,” warning that it would summon state officials to address this hesitation. Earlier this month, the CAQM was similarly criticized for its “total non-compliance” with the law, with the court asking for evidence of any actions taken to address air quality issues.
As winter approaches, Delhi’s air quality is expected to decline further, often reaching hazardous levels above 500, leading to increased respiratory illnesses. The warning signs are evident, as Delhi’s air quality remained ‘poor’ for a third consecutive day, prompting the activation of the first phase of the anti-pollution Graded Response Action Plan.
This plan includes stringent measures such as stricter vehicle checks, enhanced traffic management, and bans on open burning of waste.
With the Air Quality Index (AQI) recorded at 207, Delhi is preparing for the toxic smog that typically blankets the city during Diwali. An immediate ban on the production, storage, sale, and use of firecrackers has been imposed.
However, enforcement of such measures remains a significant challenge, as noted by the Supreme Court, which lamented, “Everybody knows that except discussion nothing is happening. That is the harsh reality of this.”
The court’s call for action highlights the urgent need for effective measures to combat air pollution and protect public health as the region braces for another season of deteriorating air quality.
