The Supreme Court has taken a firm stance against the Centre regarding the worsening air quality in Delhi, largely attributed to rampant stubble burning in neighbouring states.
On Wednesday, the court admonished the government for rendering the Environmental Protection Act "toothless" through amendments that have weakened its enforcement capabilities.
During the hearing, Additional Solicitor General (ASG) Aishwarya Bhati, representing the Centre, assured the court that necessary rules would be finalised within 10 days to make the Act "fully operational." However, the court remained sceptical about the government's commitment to environmental protection.
"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 stated.
Section 15 of the Act delineates penalties for violations, but critics argue that recent amendments have significantly diluted its impact. The ASG informed the court that showcause notices had been issued to the secretaries of the environment and agriculture departments in both Punjab and Haryana.
“Within 10 days, Section 15 will be fully operationalised,” Bhati confirmed.
In a sharp critique, the court questioned whether the governments of Punjab and Haryana were genuinely committed to safeguarding the environment, asserting, “If these governments and you (Centre) were seriously ready to safeguard the environment, then everything would have been done before the amendment to Section 15. This is all political, nothing else.”
The air quality in Delhi was reported in the "very poor" category, with some areas slipping into the "severe" zone. The burning of crop residue during winter is a significant contributor to the escalating pollution levels in the national capital.
Turning its focus on the chief secretaries of Punjab and Haryana, who were present in court, the Supreme Court dismissed their initiatives to combat farm fires as "mere eyewash." Previously, the court had condemned both states for their failure to impose penalties on those violating the stubble-burning ban.
"You must answer why you gave a false statement to the Advocate General of Punjab that a request has been made to the Central Government for funds for tractors and diesel for farmers. We will issue contempt. We are not leaving you," the court warned.
In response, advocate Abhishek Singhvi, representing Punjab, stated, “We will be taking stringent action as we proceed forward.”
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