SC Criticizes Centre For Weak Environmental Laws, Calls Out Penalty Implementation Failures

The Supreme Court on Wednesday has criticized the Centre for rendering the environment protection law “toothless,” particularly highlighting the ineffective implementation of penalties for stubble burning under the Commission for Air Quality Management in National Capital Region and Adjoining Areas Act of 2021 (CAQM Act).

A bench comprising Justices Abhay S. Oka, Ahsanuddin Amanullah, and Augustine George Masih expressed concern that the CAQM Act was enacted without establishing the necessary machinery to enforce measures aimed at reducing air pollution.

Additional Solicitor General Aishwarya Bhati, representing the Centre, assured the court that Section 15 of the CAQM Act, which pertains to penalties for stubble burning, would be effectively implemented, with regulations expected to be issued within 10 days.

She noted that an adjudicating officer would be appointed to ensure compliance with the law.

Bhati further stated that the CAQM had issued notices to senior administrative officials in Punjab and Haryana, as well as to officials from state pollution control boards, seeking their responses on why action should not be taken against them for inaction. In response, the bench questioned the seriousness with which these notices were being treated, asking, “Who is taking your notices seriously? The procedure is not provided under the law.”

The justices urged the CAQM chairperson not to absolve these officials from responsibility, stating, “We know what is happening on the ground.”

Bhati highlighted that over 1,000 incidents of stubble burning had been reported in several districts of Punjab, including Amritsar, Ferozepur, Patiala, Sangrur, and Taran Taran.

The Supreme Court had previously reprimanded the Punjab and Haryana governments on October 16 for their failure to prosecute violators of stubble burning regulations. The court summoned the chief secretaries of both states to appear before it on October 23 to provide an explanation for their lack of action.

The Supreme Court’s frustration stems from the inaction of the Punjab and Haryana governments regarding the implementation of CAQM directives aimed at curbing stubble burning, which contributes significantly to air pollution in the National Capital Region.

The court’s latest remarks underscore the urgent need for effective measures to tackle environmental issues and hold accountable those responsible for non-compliance.

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