Will take you to task: Supreme Court blasts Centre as Delhi air quality worsens

Noting the rampant stubble burning in neighbouring states, leading to pollution in Delhi, the Supreme Court on Wednesday pulled up the Centre for rendering the Environmental Protection Act “toothless” through amendments. The top court noted that the Centre was not taking any penal action towards combating pollution in Delhi caused by stubble burning and only nominal fines were being collected.
Additional Solicitor General (ASG) Aishwarya Bhati, representing the Centre, assured the court that rules would be finalised within 10 days and the Act would be made “fully operational”.
“We will take the Union of India to task… it has not created any machinery. The Environmental Protection Act has become toothless. You have got rid of punishment and replaced it with a penalty by amending Section 15 and the procedure to be followed for imposing a penalty cannot be followed,” the Supreme Court said.
Section 15 of the Act outlines the penalties for violation of its provisions. The top court directed the Centre to amend the law to increase the environmental compensation cess levied on violators.
The ASG said showcause notices have been to the secretary (environment) and additional chief secretary (agriculture) of both Punjab and Haryana. “Within 10 days, Section 15 will be fully operationalised,” the ASG said.
“If these governments and you (the Centre) were seriously ready to safeguard the environment, then everything would have been done before amendment to Section 15. This is all political, nothing else,” the court said.
The air quality in the national capital was recorded in the “very poor” category, with several areas falling into the “severe” zone on Wednesday. During the onset of winter, burning of crop residue in Haryana and Punjab is seen as a major factor contributing to the rise in pollution levels in Delhi.
Turning its attention to Punjab and Haryana, whose chief secretaries were present, the Supreme Court dismissed their efforts to weed out farm fires as “mere eyewash”. In the last hearing, the top court had lambasted Punjab and Haryana for failing to take penal action against those violating the ban on stubble burning.
The top court noted that not a single prosecution had been made by Punjab and pulled up the chief secretary for giving a false statement to the Advocate General of Punjab.
“You must answer why you gave a false statement to the Advocate General of Punjab that a request has been made to Central Government for funds for tractors and diesel for farmers. We will issue contempt. We are not leaving you,” the court said.
To this, advocate Abhishek Singhvi, appearing for Punjab, said, “We will be taking stringent action as we proceed forward.”
The Supreme Court also slammed Punjab for collecting nominal fines (Rs 2,500 each) from farmers resorting to stubble burning. The state said the amount was fixed by the Commission for Air Quality Management (CAQM).
“Giving licence to violate by paying such a nominal amount. That’s incredible. How much less amount? You are giving a signal to violators that nothing will be done against them. This has been for the past three years,” the court said.
The matter will be heard by the Supreme Court after the Diwali break.