In a recent court hearing, a bench comprising Justices Abhay S Oka and A G Masih expressed strong disapproval of the Commission for Air Quality Management (CAQM) and the state of Punjab for their ineffective measures in addressing the issue of stubble burning. The court highlighted the lack of prosecutions under CAQM’s guidelines and noted that the panel’s last meeting was held on August 29.
During the proceedings, the justices addressed CAQM chairperson Rajesh Verma, who participated virtually. They emphasized the importance of the commission taking decisive action to enforce its guidelines. The court pointed out that without visible enforcement, the commission’s penal provisions would remain ineffective. The justices stressed that the CAQM must send a clear message to the public that violations of air quality laws would result in strong and stern actions.
“We are of the view that though the commission has taken certain steps, the commission needs to be more active. The commission must ensure that its efforts and directions issued actually translate into reducing the problem of pollution… The commission must immediately step into action to ensure the equipment provided by the central government for avoiding stubble burning are actually used by the farmers,” the bench said.
The court’s scrutiny revealed that despite the severe air pollution caused by stubble burning in neighboring states like Haryana and Punjab, the CAQM had not initiated any prosecutions. The affidavit of compliance submitted by the commission showed a lack of effort in implementing its own directions. The court was particularly concerned that the last meeting of the CAQM was held on August 29, indicating a lack of urgency in addressing the issue.
“The Act is in existence for more than three years now, hardly 85-87 directions issued so far by the commission, no action has been taken even after finding that directions have not been implemented,” the bench said.
Punjab’s Lenient Penal Provisions
The court also criticized the state of Punjab for its lenient approach to penalizing stubble burning. Justice Oka questioned the state’s decision to register First Information Reports (FIRs) under Section 223 of the BNS Act, one of the mildest penal provisions available. The court noted that in 129 cases of stubble burning, the state had opted for this lenient provision, which undermined the seriousness of the offense.
Section 223 of the Bharatiya Nyaya Sanhita (BNS) 2023 addresses the disobedience to orders proclaimed by public servants. This section is designed to ensure compliance with directives issued by legally authorized public officials.
Penalties under Section 223 of the BNS
If the disobedience causes or tends to cause obstruction, annoyance, or injury to any persons lawfully employed, the punishment can be simple imprisonment for up to six months, a fine up to ₹2,500, or both.
If the disobedience causes or tends to cause danger to human life, health, or safety, or a riot or affray, the punishment can be imprisonment for up to one year, a fine up to ₹5,000, or both.
Justice Oka remarked that Punjab had chosen the mildest penal provision available, which did not serve as a deterrent to those engaging in stubble burning.
The Impact of Stubble Burning
Stubble burning in Haryana and Punjab has been a significant contributor to air pollution in the Delhi NCR region, especially before the onset of winter. The practice involves burning the leftover crop residue after harvesting, which releases large amounts of smoke and particulate matter into the air. This not only affects air quality but also poses serious health risks to the population.
Despite various measures and guidelines issued by the CAQM to curb stubble burning, the lack of enforcement has resulted in continued pollution. The court’s observations underscore the need for both the CAQM and state governments to take more proactive and stringent actions to address the issue.
Manbilas Singh is a talented writer and journalist who focuses on the finer details in every story and values integrity above everything. A self-proclaimed sleuth, he strives to expose the fine print behind seemingly mundane activities and aims to uncover the truth that is hidden from the general public. In his time away from work, he is a music aficionado and a nerd who revels in video & board games, books and Formula 1.
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