New Delhi: The Supreme Court on Wednesday (October 23) pulled up the Centre for making the environment protection law toothless and said that penal provisions to tackle the air pollution have not been consistently followed.
A bench comprising Abhay S Oka, Ahsanuddin Amanullah and Augustine George Masih, while hearing a matter related to air pollution, said that there is a fundamental right subsisting with the citizen to live in a pollution-free environment and these are matters of blatant violation of fundamental rights.
Provision under CAQM Act dealing with penalty for stubble burning was not being implemented: Apex court
The bench pulled up the Centre for making the environment protection law toothless, and said that the provision under the Commission for Air Quality Management in National Capital Region and Adjoining Areas Act of 2021 (CAQM Act) dealing with penalty for stubble burning was not being implemented.
Prima facie it appears to us that the penal provisions have not been consistently followed: Apex court
“The manner in which violations are done and government is working can be seen clearly from their affidavits and the number of prosecution being done and nominal compensation being collected. Prima facie it appears to us that the penal provisions have not been consistently followed. Penal action has to be taken against erring officers but all Union has done that is to issue notice,” the bench said.
There is a fundamental right vesting in citizen to live in a pollution-free environment: Apex court
“Time has come to remind Union, and both the states (Punjab and Haryana) that there is a fundamental right vesting in citizen to live in a pollution-free environment. These are matters of blatant violation of fundamental rights under Article 21 (of Constitution). It is just not violation of orders of commission but government has to answer its own self as to how it is going to protect the citizens right to live with dignity and pollution free environment. This litigation is not adversarial and is only litigation for us to ensure that citizens rights to live with dignity and clean environment are upheld,” the bench said.
Apex court earlier pulled up Punjab, Haryana for non-prosecution of violators found guilty of stubble burning
The apex court had earlier, while hearing the matter, pulled up the state governments of Punjab and Haryana for non-prosecution of violators found guilty of stubble burning. The bench had directed for physical presence of chief secretaries of Punjab and Haryana. The court, while noting that not a single prosecution against stubble burning was initiated by authorities concerned, had expressed its strong displeasure over non-action by authorities and had directed Commission for Air Quality (CAQM) to take penal action against the officers concerned for their failure to discharge their duties.
