On Wednesday, October 16, the Supreme Court reprimanded the governments of Haryana and Punjab for failing to take legal action against those responsible for stubble burning, despite hundreds of cases being reported across both states. Expressing its frustration, the court questioned, “What is the hesitation in prosecuting people?”
In its last hearing, the court had instructed the state governments to submit affidavits detailing their efforts to implement the directions issued by the Commission for Air Quality Management (CAQM) on June 10, 2021. These directions were aimed at curbing air pollution, including stubble burning, a major contributor to the annual smog crisis in northern India.
Upon reviewing Haryana’s affidavit, Justice Abhay Oka pointed out the alarming lack of penal action despite 191 reported cases of stubble burning. “We find that penal action as contemplated by clause 14 of the direction has not been taken even in a single case,” Justice Oka observed.
He further criticised the state for merely imposing “nominal fines” on violators and failing to set up the required machinery for enforcement. “Even the machinery has not been set up… We direct the concerned authorities to take appropriate course of action against the officials of the state responsible for non-compliance,” he added.
Punjab’s affidavit came under similar scrutiny. Justice Oka noted that while Punjab had reported numerous violations, no legal action had been taken under Section 15 of the Environment Protection Act. “You could have prosecuted persons under Section 15 of the Environment Protection Act. Not a single case is initiated. There is no compliance with clause 14 of the order dated 10 June 2021,” he stated.
The court expressed deep concern over the continued non-compliance with the CAQM’s directives, emphasising the lack of accountability. “Prosecution under this provision has been initiated only against five out of 267 violators,” the court noted in its order. It further remarked that the issue of air pollution caused by stubble burning has persisted for decades, yet the states have failed to find a solution despite having a statutory framework in place.
Adding to the court’s dismay was the fact that neither state had made any serious effort to seek funds from the central government to address the problem. “The problem that creates air pollution has existed for decades. But still, the states are struggling to find a solution notwithstanding available statutory framework,” the court said.
In a strong directive, the Supreme Court ordered the chief secretaries of both Punjab and Haryana to be present in court during the next hearing, scheduled for Wednesday, 23 October, to explain the failure to prosecute violators and enforce the CAQM’s directives.
“We direct the CAQM to take suitable action against the officials of the state for non-compliance with their directions issued under Section 12 of the CAQM Act. The Central Government will submit a compliance report on the next day,” the court concluded.
