Supreme Court Criticizes Centre for Ineffectual Environmental Laws; Stubble Burning Penalties Unenforced

The Supreme Court on Wednesday sharply criticized the Central Government for rendering the environmental protection laws ineffective, particularly pointing out the failure to implement penalties for stubble burning as stipulated under the Commission for Air Quality Management in National Capital Region and Adjoining Areas Act of 2021 (CAQM Act). This rebuke came during a session presided over by Justices Abhay S Oka, Ahsanuddin Amanullah, and Augustine George Masih.

The justices expressed concern over the CAQM Act being enacted without the necessary mechanisms to enforce its provisions aimed at curbing air pollution. Additional Solicitor General Aishwarya Bhati, representing the Centre, assured the court that the regulations necessary to operationalize section 15 of the CAQM Act—which addresses penalties for stubble burning—would be issued within ten days. She also mentioned the imminent appointment of an adjudicating officer to ensure the law’s effective enforcement.

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During the proceedings, Bhati revealed that the Commission for Air Quality Management (CAQM) had already issued notices to senior administrative officials in Punjab and Haryana, as well as to officials from the state pollution control boards, demanding explanations for their inaction.

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Despite these steps, the justices questioned the seriousness with which these notices were being taken, given the lack of procedural support in the law itself. “Please tell your chairperson of CAQM not to bail out these officials. We know what is happening on the ground,” the bench remarked, showing deep dissatisfaction with the current state of affairs.

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Bhati also highlighted that over a thousand incidents of stubble burning had been recorded across various districts of Punjab, including Amritsar, Ferozepur, Patiala, Sangrur, and Taran Taran, indicating a significant enforcement gap.

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