Supreme Court pulls up Centre over stubble burning amid air pollution: ‘Environment laws toothless’

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The Supreme Court on Wednesday slammed the Centre for failing to establish strict regulations to address the issue of stubble burning in North India, saying the Environment Protection Act has become “toothless.”

The apex court also took strong exception to the Punjab and Haryana governments for not taking action against individuals for stubble burning, saying that if they were genuinely interested in enforcing the law, there would have been at least one prosecution.

The bench of Justices Abhay S Oka, Ahsanuddin Amanullah and Augustine George Masih expressed concern to the chief secretary of Punjab regarding the registration of FIRs against approximately 1,080 violators.

They court said that that only nominal fines had been collected from 473 individuals, suggesting that over 600 violators remain unpunished.

The justices warned that this sends a message to violators that there will be no repercussions for their actions, a situation that has persisted for the past three years.

Justice Oka also questioned the Punjab chief secretary, demanding an explanation for providing a false statement to the advocate general of Punjab regarding a request made to the Central government for funds for tractors and diesel for farmers.

He insisted on knowing who instructed the chief secretary or the name of the officer responsible, warning that contempt proceedings could be initiated. The justice emphasised that they would not let the matter go.

The court also reviewed the affidavit submitted by the Haryana chief secretary, who was present in person. The court inquired about the measures the state has taken to control stubble burning, which is contributing to pollution in the national capital and other regions.

The chief secretary of Haryana said that details of compliance have been provided in the annexures. He mentioned that 5,123 nodal officers have been appointed and a monitoring committee has been established, leading to a significant reduction in stubble burning incidents.

However, the court pointed out there have been 400 burning incidents, yet only 32 FIRs have been registered, which it deemed selective enforcement.

The justices noted the inconsistency in the chief secretary’s statements, pointing out that just moments earlier, he mentioned 317 verified instances, while the affidavit stated there were 419. They urged him to ensure accuracy in his statements moving forward.

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