'Commission Needs To Be More Active' : Supreme Court Expresses Dissatisfaction With CAQM Over Steps To Stop Stubble Burning

The Supreme Court on Friday expressed dissatisfaction with steps taken by the Commission for Air Quality Management (CAQM) to stop stubble burning in the States of Punjab and Haryana, which is a cause for the worsening of the air quality in Delhi-National Capital Region during every winter.

The bench comprising Justices Abhay S Oka and Augustine George Masih was surprised to note that the CAQM has never taken penal action as per Section 14 of the CAQM Act against those who indulge in stubble-burning contravening its directions. If there is no penal action taken under Section 14, the prohibitive directions against farm fires will remain only on paper, Justice Oka orally observed.

Though the Commission has been in existence for three years, it has only issued about 82 directions and has not taken any action despite finding that they have been flouted, the bench recorded in its order. There are vast powers conferred on the Commission under S.12, including the power to direct closure, the bench reminded the CAQM.

"We are of the view that though the Commission has taken 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 Court observed in its order. Though the Court said that the CAQM has taken some steps, it agreed with the submission of amicus curiae Senior Advocate Aparajita Singh that it has not functioned in the manner it was expected to considering the objectives and purposes of the CAQM Act.

The Court took up the matter pursuant to a mentioning made by amicus curiae on Tuesday regarding the rise in stubble burning.   

During today's hearing, Additional Solicitor General of India Aishwarya Bhati said that penal action under Section 14 is the "last resort" and that "handholding and collaborative approach" works better with farmers. ASG said that while the CAQM has not hesitated to take strict action against polluting industries when it came to farmers, it is adopting a more collaborative approach.

The bench however pointed out that despite the several directions, the issue of stubble burning is recurring every winter.

Justice Masih, at this juncture, drawing from his experiences as a native of Punjab, said that the farmers resort to burning the stubbles to make the fields immediately ready for the next crop after the paddy cultivation. "The huge harvesters leave out the lower part of the stubble. The number of machines are too less for that work. So that's another issue," Justice Masih said emphasizing the need for effective and efficient alternatives to stubble burning.

"It is brought on record that certain equipments have been provided to the farmers from the money supplied by the central govt. The equipments can be used as a substitute for stubble burning. Some effort needs to be taken to ensure that the equipments are actually used at ground level."

During the hearing, Rajesh Verma, the Chairman of the CAQM, was present virtually. He informed the bench that he took charge only two weeks ago. He also said that the Commission has held meetings with the Deputy Commissioners of the Districts of Punjab and Haryana were stubble-burning incidents are reported.

The Court directed the CAQM to file a better compliance affidavit regarding the compliance of provisions of the Act and the steps taken to enforce the provisions of the Act , the recommendations of sub-committees etc.

The Court has also sought the details of the meetings of the sub-committees of the CAQM, which are specified in Section 11, and the decisions taken by them. The matter will be considered next Thursday.

Case : MC Mehta v. Union of India WP(c) 13029/1985 

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